Terms of Use    

1. ACCEPTANCE OF TERMS OF USE

By accessing or using our websites, loyalty program, or mobile applications (together, the "Services"), which may be accessed via various media or devices and are made available by mfi Immobilen Marketing GmbH, Klaus-Bungert-Straße 1, 40468 Düsseldorf, Germany, Amtsgericht Düsseldorf HR B 75970 (“We” or “Us”), you accept and agree to abide by and be bound by these Terms of Use ("Terms of Use").

These Terms of Use constitute a legally binding agreement. If you do not agree with any of these Terms of Use, please do not use the Services.

These Terms of Use are applicable to all Services, with some Services being subject to additional provisions.

Please note that we may offer services that are not subject to these Terms of Use, but to their own terms and conditions (for example, gift cards that we may offer are governed by special terms and conditions). 

2. THE SERVICES ARE INTENDED FOR USERS AGED SIXTEEN (16) AND OLDER. REGISTRATION AND ACCOUNT

In order to access the Loyalty Card Program and/or some of our Services via our mobile applications or websites, you may be required to create an account with us. Account creation and the related submission of any personal data is done on a voluntary basis.

When creating your account with us, you will be required to complete the relevant registration process. You will be offered the following choices:

In any event, you agree to provide accurate and complete information and to update such information, if necessary. 

Once created, your account will be automatically linked to your loyalty card if it was issued prior to account creation.

If you are not the holder of a loyalty card at the time of your account creation, the establishment of your account will automatically trigger the creation of a loyalty card. You acknowledge that the loyalty program and card are personal and issued to individuals for their own, non-professional use. They cannot be transferred, and the loyalty card does not serve as a means of payment. You agree that we may, at our discretion, modify, suspend, or terminate the loyalty program at any time and for any reason.

In order to access your account, if you have registered via your Facebook, Google, or Twitter account, you will be asked to log in using your Facebook, Google, or Twitter password. In all other cases, you will be asked to log in using your e-mail address and password.

You agree to immediately notify us of any unauthorized use of your account to access the Services.

Note: If you only wish to subscribe to our loyalty program, without creating an account for other Services offered via our mobile applications or websites, or if you wish to receive a physical loyalty card, please refer to the specific provisions related to the loyalty card creation below (“Specific provisions applicable to our Loyalty Card Program”).  (“Sonderbestimmungen für Treueprogramm”).

3.EXTERNAL LINKS AND CONTENT

We may provide hypertext links from the Services or communications you receive via the Services to third-party websites or Internet sources. We do not control any of these websites or Internet sources.

You expressly acknowledge that we are not responsible or liable, under any circumstance, for any information, content, products, services, or material available on third-party websites or Internet sources, nor for any alleged or actual damages resulting from access to or use of such information, content, products, services, or material available on third-party websites or Internet sources. 4.

4. PRIVACY AND PERSONAL DATA PROTECTION

If you use the Services, you will be asked to submit your personal data which will enable us to provide the Services that require authentication and will assist us in the management and improvement of our commercial relationship. Some information is necessary to provide and manage the Services, while other information allows us to understand you better and, therefore, adapt our Services to your needs.

Please find our Privacy Policy attached (link), which gives a detailed explanation of what personal data is processed, outlines your rights as a data subject, and gives you all mandatory information.

5. INTELLECTUAL PROPERTY

5.1 Our Content

The Services, which include any software used in connection with the Services as well as their contents (including, but not limited to texts, editorial content, databases, page design, operating systems, photos, images, graphics, videos, sounds, maps, logos, trademarks, information, and any element of any and all kind that comprises the Services) (collectively referred to as “Content”), are protected by applicable legislation on author’s rights, copyrights, trademarks, service marks, patents, or other proprietary rights and are owned, controlled, or licensed by or to us.

We grant you a personal, non-exclusive, worldwide, non-transferable, limited, and revocable license to enter and use the Services for personal use only on any computer or mobile device, for the duration of your use of the Services.

Unless otherwise provided under these Terms of Use, all or part of the Services or the Content may not be copied, represented, reproduced, reused, republished, posted, publicly displayed or performed, transmitted, adapted, translated, used to create derivative works, sold, assigned, sublicensed, reverse engineered, reverse assembled, totally or partially extracted, or distributed in any medium, except as may be permissible under applicable law.

Failure to comply with these provisions constitutes an infringement and may result in civil and/or criminal sanctions.  We or our licensors reserve the right to take legal action against anyone who does not comply with these provisions.

5.2 Your Content

You may generate, post, upload, input, submit, or make available via the Services information, texts, editorial content, photos, images, graphics, videos, sounds, messages, logos, trademarks, and any material of any and all kind that you submit, store, or share while using the Services (collectively referred to as “Your Content”).

You retain the ownership and any other property rights you hold in Your Content. However, by generating, posting, uploading, inputting, submitting, or making Your Content available via the Services, you agree to grant us and our affiliated companies a worldwide, royalty-free, non-exclusive, sublicensable, and transferrable license to use, reproduce, represent, publicly display, publish, adapt, reformat, exploit, and translate Your Content in any medium and in connection with the Services to the extent permitted by applicable law. This license will be valid until the expiration of a one-year period following the closure of your account, whatever the reasons for such closure may be.

6. YOUR RESPONSIBILITIES

6.1 User Content and Conduct

Services functionalities allow you to share Your Content and information via the Services, including sharing information on social networks. However, you are and shall remain, in all circumstances, solely responsible and liable for the use of the Services and for all of Your Content.

You agree not to use any of Your Content or the Services for any unlawful or inappropriate purposes including, but not limited to:

We do not monitor Your Content posted on the Services.  However, we reserve the right, but do not assume the obligation, to review Your Content and to remove or delete, at our sole discretion, any of Your Content that does not comply with these Terms of Use. We do not monitor or restrict communication between users via the Services. 

You expressly acknowledge that, if you access the Services, you may receive or be exposed to content, goods, or services that you may consider to be improper, inaccurate, misleading, defamatory, obscene, or otherwise offensive. To the extent permissible under applicable law, you agree that we are not liable for any action with respect to any such content on the Services. However, if you identify any unlawful content, please notify us.

Non-compliance with these Terms of Use may result in a warning and/or immediate suspension or closing of your account, without prejudice of any legal actions that could be undertaken.

6.2 Your Liability

You are solely responsible for maintaining the confidentiality of your passwords and account identifiers. We are not liable for any consequences resulting from the use of your account by an unauthorized third party. You are responsible for all activities that occur under your account. We recommend that you select a strong password and regularly change your password in order to limit the risks of unauthorized access to your account.

You are and shall remain, in all circumstances, solely responsible for Your Content posted to the Services, your use of the Services, and all activities undertaken under your account. Consequently, you are responsible for properly configuring or taking appropriate action to maintain adequate security, protection, and backup of Your Content, including your own data and/or software stored on your computer and/or mobile device against any attacks.

You understand and agree that you access, download, or otherwise obtain information, material, or data using the Services at your own discretion and risk, and that you are solely responsible for any damages to your computer system or loss of data that might result from the download of such information, material, or data.

You must procure all equipment (computer, mobile device, etc.) to access and use the Services, in compliance with applicable laws and regulations, including, but not limited to, intellectual property rights laws. 

7. OUR RESPONSIBILITES

The Services provided by us are for information purposes only. Although all reasonable efforts are undertaken to ensure that the Content of the Services is accurate, complete, and up-to-date, the Services are provided on an "as available" basis, without any warranties. You expressly acknowledge that you use the Services at your sole risk.

To the full extent permitted by applicable law, we are not liable (i) for  any damage, loss, or other consequence arising from the use of the Services or their Content, or for Your Content that you may post via the Services, and (ii) to you for any indirect damages or losses, as well as any immaterial damages, damages for loss of profits, revenues, or usage, or data resulting from the use or operation of the Services.

You expressly acknowledge that (i) the Services are not error-free or virus-free, (ii) connection to the Services implies the risks inherent to any connection and transmission on the Internet and mobile phone networks, particularly with respect to data transfer speed, information query or consultation response time, and technical performance, (iii) we have no control over third party networks or websites you may access while using the Services, (iv) we are not liable for any loss of data, failure to store, misdelivery or untimely delivery of any data or material through the Services, and (v) we disclaim all warranties, whether express or implied, including warranties of merchantable/satisfactory quality or fitness for purpose or need of the Content and the Services.

8. SPECIFIC PROVISIONS APPLICABLE TO OUR LOYALTY CARD PROGRAM AND LOYALTY CARD

Our Loyalty Card Program is free of charge and allows you to benefit from offers, promotions, and information related to our Loyalty Card Program, as described on our website.

In order to benefit from our Loyalty Card Program, you should create an account with us, as described below. If you wish to benefit from a dematerialized version of the loyalty card and/or from other Services offered via our mobile applications or websites, including the Loyalty Card Program, please refer to the general provisions related to registration and account above (“Registration and Account”). (“Anmeldung und Konto”)

Our Loyalty Card Program and the physical loyalty card are made available to you on request via one of the following options:

Once you have been issued a loyalty card, if you would like to benefit from our other Services or from a dematerialized version of the loyalty card, please refer to the general provisions related to registration and account above (“Registration and Account”), in particular, regarding how to create an account on the basis of the loyalty card.Anmeldung und Konto

In any event, you agree to provide accurate and complete information and to update such information, if necessary.

You acknowledge that the loyalty program and card are personal and issued to individuals for their own, non-professional use. They cannot be transferred, and the loyalty card does not serve as a means of payment. You are solely responsible for maintaining the confidentiality of your passwords and account identifiers. We are not liable for any consequences resulting from the use of your account by an unauthorized third party. You are responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account to access the Services.

You agree that we may, at our discretion, modify or suspend the loyalty program at any time and for any reason.

The loyalty card is based on RFID (Radio Frequency Identification) technology. RFID uses electromagnetic fields to transfer data for the purpose of automatically identifying and tracking tags attached to the loyalty card. If you object to this process, please use the dematerialized version of the loyalty card, which is available via our mobile application.

If you object to this process, please use the dematerialized version of the loyalty card available, which is available via our mobile application.

9. SPECIFIC CONDITIONS APPLICABLE TO GEO-TRACKING

9.1 "Meet My Friends" Service

Via some of our mobile applications, we offer a so-called "Meet My Friends" Service. You can access this Service if you have an account with us and only via your mobile device. For further information on registration, please refer to the general provisions related to registration and account above (“Registration and Account”). (“Anmeldung und Konto”).

The "Meet My Friends"”Service allows its users to share their locations within the shopping center with friends who also use the "Meet My Friends" Service.  Thus, when you visit the shopping center, you know your friends’ locations within the shopping center and can meet them at specific locations or suggest meeting places. In addition, the "Meet My Friends" Service also allows you to locate, from to time to time, some of our staff members or suppliers who are in charge of specific tasks within the shopping center (e.g., personal shopping assistants, chefs in charge of cooking classes).

In order to be visible on the map, youmust activate the Bluetooth feature on your smartphone. If you only want to view the map and your contacts’ locations,  activation of the Bluetooth feature is not required.

Upon your first connection to the “"Meet My Friends"” Service, we will ask for your permission to enable the geo-tracking function on your mobile device and share your geo-tracking data.

If you agree to the activation of geo-tracking on your mobile device and the sharing of your geo-tracking data, this function will be effective immediately and will be enabled for any future connections, unless you deactivate map visibility and, thus, temporarily modify your geo-tracking settings. You may also permanently deactivate geo-tracking in your profile settings at any time.

If you used your Facebook, Google, or Twitter accounts to create your account with us, you will be able to locate your contacts from such social network, provided that they also use the "Meet My Friends" Service, and ask them to share their respective locations.

You can configure all location-sharing settings by selecting one of the following options:

Your confidentiality settings will be stored and applied each time you use the mobile application. You may also access your visibility settings directly via the map to change them for the duration of that particular setting. 

You cannot share your location outside our shopping center. Geo-tracking is carried out via Bluetooth beacons, which are only installed in the shopping center common areas.

With respect to the aforementioned information, you expressly acknowledge that some of the functions of the "Meet My Friends" Service are based on geo-tracking data, in particular, the physical location of your mobile device within out shopping center.

In order to provide the Services, we may require your geo-tracking data for several functions of the "Meet My Friends" Services and will share such data with all other users of the Services (or only with your contacts, depending on your individual settings).

If you accept the geo-tracking of your mobile device and the sharing of your geo-tracking data, you consent to your location being used and shared with other users, as described above, as well as with third parties. Please refer to our Privacy Policy for further information.

9.2 Other Services

Subject to your express prior consent, information related to your location within our shopping center may be collected and processed by us while you are logged in to our mobile applications in order to measure the frequency and duration of your visits as well as your movements within our shopping center. On the basis of our frequency, duration, and movement findings, subject to your prior consent, we will grant you loyalty advantages and send you promotional materials.

When you first log in via your mobile device, we will ask for your permission to activate the geo-tracking function. If you agree to the activation of geo-tracking on your mobile device, this function will be effective immediately and will be enabled for  future connections to our mobile application as well as for future visits to our shopping center. You may disable geo-tracking on your mobile device via your mobile settings at any time.

If you accept the geo-tracking of your mobile device and the sharing of your geo-tracking data, you consent to your location being used and shared with third parties. Please refer to our Privacy Policy for further information.

10. ADDITIONAL SERVICES

We have developed the new “Smart Park” and “In & Out” Services to improve your experience when visiting our shopping centers.

When you log in to your user account in order to use the “Smart Park” Service, we will process your personal data in order to enable geo-tracking of your car within the parking areas of our shopping centers. Combined with the location of your respective position, the App will indicate the shortest distance to your car. However, if you do not log in to your user account, no personal data will be processed. Your vehicle's location will only be stored on your mobile device. This information will not be transmitted to our systems.

If you wish to benefit from the “In & Out” Service, we will process the personal data you provided when creating your user account. The license plate recognition feature enables the parking system to automatically open the gate when you enter or leave our shopping center parking garage.

In addition, we may process the personal data provided as a result of your use of the “Smart Park” and “In & Out” Services to inform you about any new services that we develop that may be of interest to you.

11. TRANSFER

You authorize us to transfer, assign, or delegate any of our rights and obligations under these Terms of Use to any third party.

12. SEVERABILITY CLAUSE

If any portion of these Terms of Use is found to be invalid, void, or for any reason unenforceable, these Terms of Use shall be deemed severable and the remaining portion shall remain in full force and effect.

13. UPDATES TO TERMS OF USE

We may revise or update these Terms of Use from time to time. Any changes to these Terms of Use will become effective upon the posting of the revised Terms of Use via the Services. If we make changes we consider significant and that require your consent under applicable law, we will inform you via the Services and ask for your consent, where applicable.

14.APPLICABLE LAW AND JURISDICTION

These Terms of Use are governed by and construed in accordance with the laws of the country in which we are registered and are subject to the exclusive jurisdiction of the same country.  

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