1. APPROVAL OF USER TERMS AND CONDITIONS
By visiting or using one of our websites, loyalty programme or mobile apps (jointly "the Services”) that can be accessed via different media and devices and provided by Rodamco Mall of Scandinavia KB (“We” or “Us”), you accept and agree to comply with these user terms and conditions “User terms and conditions”).
These User terms and conditions are a legally binding agreement. If you do not accept any of the User terms and conditions, you should not use the Services.
The User terms and conditions apply to all the Services. Certain Services can be subject to specific terms and conditions (see “Specific terms and conditions for our Loyalty programme service” and “Specific terms and conditions for geolocalisation”).
Please note that We can offer services that are not subject to the User terms and conditions but to service specific terms and conditions instead (for example, the gift cards we offer are subject to specific user terms and conditions).
To access the Services stated, you must be over eighteen (18) years of age.
2. REGISTRATION AND ACCOUNT
You can be required to create an account with Us to gain access to loyalty programmes and/or certain of our services via mobile apps or websites. Creating an account and submitting the information on personal data requested is voluntary.
When you create an account with Us, you will need to complete a registration procedure where you will be offered the following choices:
- create an account by using a reference for your loyalty card that has been issued to You by Us (i.e. enter the code that you find under the barcode on the loyalty card or scanning in the barcode) and confirming your personal data (i.e. first and last names, date of birth, address, postcode, gender, phone number and email) or
- create an account by entering the data requested (i.e. first and last names, email, date of birth, address, postcode, gender, phone number) and choosing a password, or
- create an account by using your account with Facebook, Google or Twitter.
Under any of these circumstances, you agree to provide Us with correct and complete information.
When the account is created, it will automatically be linked to the loyalty card that We can have issued to you before the account was created.
If you do not have a loyalty card issued by Us when you create your account, a loyalty card will automatically be created when you create the account.
In so doing, you accept that the loyalty programme and card are personal and intended for your personal and private use. The loyalty programme and card cannot be transferred and the loyalty card is not a charge card. You accept that We reserve the right to be able to change, temporarily suspend or terminate the loyalty programme at any time for any reason.
If you have chosen to log in via Facebook, Google or Twitter you log in using your password for Facebook, Google or Twitter. In all other cases, you will be asked to log in via your email address and chosen password.
You agree to notify Us immediately at email@example.com of any unauthorised use of your account to access the Services.
If you wish to sign up to the loyalty programme without creating an account with Us for other Services that are offered via our mobile apps or websites, or if you wish to benefit from having a physical loyalty card, please see the specific terms and conditions for becoming a loyalty card holder (“Specific terms and conditions for our Loyalty programme service”).
3.INTEGRITY AND PERSONAL DATA PROTECTION
We can suggest hyperlinks from the Services, or via communication you receive from the Services, to third party websites or internet sources that are outside Our control.
You accept that We cannot accept liability for such information, content, products, services or material in any circumstances that are available at third party websites or internet sources, and nor for any alleged or actual damage caused by access to or use of such information, content, products, services or material.
4. INTEGRITY AND PERSONAL DATA PROTECTION
When using the Services, we ask you to provide your personal details and/or information required to be able to reliably identify you to enable Us to provide the Services. Certain information is necessary to enable us to provide and maintain the Services while other information is used to be able to customise the content in the Services for you.
In accordance with current legislation, you are entitled, on written request to ”Centrumledningen, Evenemangsgatan 14C, Lastkaj 2 169 79 SOLNA”, to access your personal data, request correction of errors in your registered personal data and at any time, withdraw your consent to the use of your personal data. You do this by contacting Maria Sjödin, Rodamco Sverige AB. Mäster Samuelsgatan 20, P. O. Box 7846, S-103 98 Stockholm/ Sweden. Tel: +46 (0)76-525 55 37, firstname.lastname@example.org and attaching a copy of your passport or driving licence or similar ID. The personal data you submitted to Us, can come to be transferred to our business partners, subsidiary companies, trustworthy service providers, legal authorities and supervisory authorities and companies that were to acquire Us. We guarantee that your data that are processed by Us or other recipients will be kept confidential and protected against unauthorised access, loss or deletion.
When processing your personal data for certain purposes, We will seek your specific consent (e.g. for ad mailers that We think you can be interested in, geolocalisation and to amalgamate your personal data collected from your use of our various Services).
5. INTELLECTUAL PROPERTY
5.1 Our content
The Services, including all software that is used in connection with the Services and all its content (including but not limited to, copy, editorial content, databases, layouts, operating systems, photos, images, videos, audio, maps, logotypes, brands, information and every element of each kind embracing the Services) (jointly "the Content") is protected by applicable intellectual property rights legislation and is owned, controlled, and licensed by or to Us.
We offer a personal, non-exclusive, international, non-transferable, limited and revocable licence to use the Services for private use on a computer or mobile device only during the time you use the Services.
OUnless specifically stated otherwise according to the User terms and conditions, or due to applicable binding legislation, the Services or the Content, wholly or in part, may not be copied, reproduced, reused, made available, transferred, edited, translated, used to create an edited work, sold, reassigned, sub licensed, reverse engineered or wholly or in part extracted or distributed in any medium.
Breach of these terms and conditions is infringement and can lead to civil action and penal measures. We and our licensees reserve the right to take legal action against infringement of these terms and conditions.
5.2Your content By using the Services, you can generate, post, upload, input, submit or make available copy, editorial content, photos, images, graphics, video, audio, messages, logotypes, trademarks and other material of any kind that you submit, store or share when you use the Services (jointly “Your content”).
You retain copyright on Your content. By generating, posting, uploading, inputting, submitting or making Your content available via the Services, you accept that you give Us and our subsidiary companies an international, cost-free, non-exclusive, sub licensable and transferable licence to use, reproduce, make available, publish, edit, format, exploit and translate Your content in any choice of medium, to the extent appropriate binding legislation permits, in association with the Services. The licence applies until the end of a one-year period following the termination of your account, irrespective of the reason for such termination.
6. YOUR LIABILITIES
6.1 User content and conduct
The Services offer you the opportunity to share Your content including sharing content on social media. You are and remain under all circumstances, solely liable for the use of the Services and for all Your content.
You agree not to use any of Your content or the Services for illegal or inappropriate purposes including but not restricted to:
- posting, providing input, uploading, submitting or otherwise making Your content available to the Services in a way that is in contravention of general order and morals or is illegal, threatening, bullying, violent, disrespectful, harmful to others, misleading, derogatory, obscene, defamatory, insulting, pornographic, invasion of privacy, hateful, racist, discriminatory or otherwise offensive or promoting or encouraging illegal activity;
- post, provide, input, upload, submit or otherwise supply Your content to the Services in a way that infringes laws or regulations or infringes on third party rights including copyright, trademark rights, the right to business secrets, patents, intellectual property rights, integrity protection or personal rights or property;
- post, provide, input, upload, submit or otherwise supply “spam”, advertising, unrequested or unpermitted advertising or any other form of offer via the Services;
- use virus, time bombs, cancelbot files, sabotage software, worms, destructive software, defects, trojan horses, damaged files or other software, files or applications intended to interrupt, destroy, restrict or impair the normal performance of the Services, servers or networks connected to the Servers;
- harm or attempt to harm children in any way;
- create a false identity for the purpose of enticing others;
- use technology, automatic systems such as robots, web spiders or search robots or other means to obtain or gain access to unpermitted material or areas that are not public;
- use tools for data extraction, robots or similar tools for collecting and extracting data;
- fattempt to test, investigate or analyse vulnerability of systems or networks connected to the Services or breach security or verification measures;
- market or offer goods or services for sale for commercial purposes.
We do not check Your content on the Services. We reserve the right, however, but do not accept any liability to check Your content and at our own discretion, remove Your content, wholly or in part that contravenes the User terms and conditions. Nor do we inspect and regulate communication between users of the Services. Please notify us if you identify any illegal content to email@example.com.
Infringement of the User terms and conditions can lead to a warning and/or immediate suspension of the account without further notice and without any limitation on Our right to take possible legal action.
You are wholly responsible for keeping your password and account ID secret. We accept no liability for any third party use of your account. You are liable for all activities that happen via your account. We advise you to use a secure password and regularly change password to limit the risk of unauthorised use of your account.
You are, and remain under all circumstances, solely liable for Your content that you transfer to the Services and all activities that occur via your account. You are therefore liable to ensure proper configuration and take all appropriate measures to maintain adequate security and protection and to make security copies of your content, including your own data and/or software stored on your computer and/or mobile device, to protect yourself against attacks.
You accept that, at your own liability and risk, you can access to, download or otherwise receive information, material or data by using the Services and that you are solely liable for damage to your IT system or loss of data caused by the downloading of such information, material or data.
You must personally maintain all hardware (including computer, mobile device, etc.) in accordance with applicable legislation, including but not limited to intellectual property rights legislation, to access and use the Services.
7. OUR LIABILITIES
The Services are provided by Us for information purposes only. Even though reasonable efforts are made to ensure that the content in the Services is current, updated and complete, We offer the Services on an as is and is available basis without any guarantees. You accept that you use the Services at your own risk.
Other than in accordance with binding legislation, we are not liable for (i) damage, loss or possible consequences arising from the use of the Services or its content, or for Your content that you supply to the Services, or (ii) for any indirect damage or loss, non-financial damage or damage due to loss of profit, income, use or data caused by the use or operation of the Services.
You accept that (i) the Services are not free from error or virus, (ii) connection to the Services entails a risk that is associated with all connection and transfer via the internet and in mobile networks, especially with regard to data transfer speed, information searching, consultation response time and technical performance, (iii) We do not have control over third party networks or websites that you can gain access to by using the Services, and (v) We disclaim all guarantees, whether expressed or implied, including guarantees concerning satisfactory quality and fitness for purpose or requirements of the Content and the Services.
8. SPECIFIC TERMS AND CONDITIONS FOR OUR LOYALTY PROGRAMME SERVICE AND PHYSICAL LOYALTY CARD
Our loyalty programme is free of charge and means you can take advantage of offers, campaigns and information related to our loyalty programme as explained in more detail on our website.
To benefit from our loyalty programme, you need to create a specific account with Us as described below. If you prefer an electronic version of the loyalty card and/or of other Services that are offered by Us via our mobile apps and websites, including the loyalty programme, please see the general terms and conditions for registration and account above (“Registration and Account”).
Our loyalty programme and our physical loyalty card are available on request according to the following choices:
- in the mall: (i) go to reception in the mall, (ii) complete the relevant form with information requested; and (iii) the hostess will create an account directly and give you a personal loyalty card, or
- go via our website: (i) go to our website and complete the registration form for the loyalty programme that you will find on our website or use your account with Facebook, Google or Twitter; (ii) an identity will be allocated to you and sent by email; (iii) print the email you receive and take it to the reception desk in the mall and (iii) the hostess will create and give you a personal loyalty card directly.
If, you wish to take advantage of our other Services after creating a loyalty card or an electronic version of the loyalty card, see above for the general terms and conditions for registration and account (“Registration and Account”), and in particular on how to create an account via reference to a loyalty card already issued by Us.
Under all circumstances, you agree to provide correct and complete information to Us and to update such information as and when necessary..
In so doing, you accept that the loyalty programme and card are personal and intended for your private use. They cannot be transferred and the loyalty card is not a charge card. You are wholly liable for keeping your password and account ID secret. We accept no liability for any third party use of your account. You are liable for all activities that happen via your account. We advise you to use a secure password and regularly change password to limit the risk of unauthorised use of your account. You agree to notify Us immediately at firstname.lastname@example.org of any unauthorised use of your account to access the Services.
The system behind the loyalty card is based on RFID technology (Radio-frequency identification). RFID is the wireless use of electromagnetic fields to transfer data, for the purposes of automatically identifying and tracking tags attached to the loyalty card. If you prefer Us not to use this technology, you should choose the electronic version of the card instead that is made available via our mobile apps.
If you do not wish to use this process, you can use a scaled down version of the loyalty programme via our mobile app.
9. SPECIFIC TERMS AND CONDITIONS FOR GEOLOCALISATION
We offer a Service called "Meet My Friends" via some of our mobile apps. You can access this Service if you have created an account with Us but the Service can only be accessed via our mobile apps. For more information, please see the general terms and conditions above on registration and account (“Registration and Account”).
The "Meet My Friends" Service enables its users to share their geographic location within our shopping centre with their friends who also use Meet My Friends. This means users can shop in the mall by themselves while knowing where their friends are and then meet at a specific location or suggest a meeting place. The Meet My Friends Service also enables you to locate certain of our employees or suppliers who have specific duties in the shopping centre (e.g. personnel shoppers or chefs who offer cookery courses.
In order to be located on the map you need to activate Bluetooth on your smartphone. This is not required, however, if you only want to see where your contacts are on the map.
The first time you connect to "Meet My Friends" we will ask you to agree to activate geolocalisation on your mobile device and to share your geolocalisation data.
If you accept geolocalisation on your mobile device and to share your geolocalisation data, this is activated immediately and will apply for future connections except when you temporarily change your settings for geolocalisation by using the visible/not visible setting directly on the map. You can also permanently deactivate geolocalisation at any time via your profile settings.
If you used your account with Facebook, Google or Twitter to create an account with Us, you will be able to see which of your contacts use "Meet My Friends" and ask them if they wish to share their location with you.
The default setting for users of the "Meet My Friends" Service is for all other users of "Meet My Friends" to be visible. You can change the settings for sharing your position by selecting any of the following:
- to be visible for all other users of “Meet My Friends", or
- only visible to your contacts, or
- to be not visible to any users of ”Meet My Friends”.
The choices you make are registered and will apply each time you use the mobile app. You will also always be able to toggle between “visible/not visible” at any time directly on the map to temporarily change your settings during your current connection to "Meet My Friends”.
You cannot share your location outside the mall. Your localisation choice is activated by the transmitters/receivers installed in public spaces in the shopping centre only.
By observing that stated above, you agree that certain functions of the "Meet My Friends" Service are based on geolocalisation data and in particular the geographic location of your mobile device inside our shopping centre.
For the purpose of providing the Service, certain functions in Meet My Friends require your geolocalisation data to be transferred to Us and that such geolocalisation data will be shared with other users of the Service, or only with your contacts, depending on which settings you have chosen for sharing your location.
If you agree to geolocalisation of your mobile device and sharing of your geolocalisation data, you also agree to the use and sharing of your geolocalisation data with other users as described above and with third parties.
If we receive your previous consent, information on where you are in our mall can be collected and processed by Us as you are verified on our mobile apps for the purpose of determining how often you visit the mall and which locations you visit within our mall. On the basis of your visit frequency and visit routes, we can, provided you have previously consented to this, offer loyalty benefits and advertising material.
The first time you are verified on our mobile app, we will ask for your consent to activate geolocalisation on your mobile device. If you agree to geolocalisation, this will be activated immediately and on future connections on your mobile app on future visits to our shopping centre. You can deactivate geolocalisation of your mobile device at any time via your mobile settings.
If you agree to geolocalisation of your mobile device and sharing of your geolocalisation data, you also agree to the use and sharing of geolocalisation data with third parties.
You consent to Us being able to transfer or delegate our rights or liabilities under the User terms and conditions to a third party.
11. INVALID DIRECTIVE
If any directive in the User terms and conditions or parts thereof is found to be invalid, or for some reason unenforceable, this shall not invalidate the User terms and conditions in their entirety.
12. CHANGES TO USER TERMS AND CONDITIONS
We can amend or update these User terms and conditions from time to time. Changes to the User terms and conditions will come into force when the amended User terms and conditions have been published via the Services. In the case of changes that We consider to be of importance and require your consent in line with applicable legislation, We will notify you via the Services and where applicable request your approval.
13. APPLICABLE LAW AND JURISDICTION
The User terms and conditions are to be interpreted and regulated by Swedish law.