Terms and Conditions
GENERAL TERMS AND CONDITIONS OF USE
1. PURPOSE OF THE DIGITAL PLATFORM
The purpose of the Digital Platform is to provide general information about the Klepierre shopping centers [Alexandrium Shopping Center, Hoog Catharijne, Markthal ] and its brands. Unless otherwise indicated, information on the Digital Platform never constitutes an offer to enter into a contract, an offer to buy or an offer to sell.
2. ACCESS TO THE DIGITAL PLATFORM
Klépierre Management cannot guarantee that the Digital Platform will work without interruptions and errors. It only has a best-efforts obligation with regard to the operation and continuity of the Digital Platform and the services offered. Klépierre Management cannot be held liable for damages resulting from the use of the Digital Platform, regardless of the cause; in particular, Klépierre Management cannot be held liable for fraudulent intrusion into or access to data and/or the inadvertent transmission of viruses via the Digital Platform. Nor can Klépierre Management be held liable for situations attributable to force majeure, malfunctions and technical problems in connection with equipment, programs and software or the Internet that cause the Digital Platform to be suspended or terminated in whole or in part.
Klépierre Management reserves the right to modify, suspend, limit or interrupt (access to) all or part of the Digital Platform, including in particular content, functionalities and availability times, without prior notice. It has the right to do so at any time, especially for maintaining or updating the Digital Platform.
3. REGISTRATION WITH THE KLÉPIERRE PLATFORM
Each user can only register once.
Any use of the Klépierre platform by children takes place under the full responsibility of the individuals concerned.
For this reason, parents who want their children to have access to the Klépierre platform must help them to create a correct account and supervise their access to the platform. The legal guardian is responsible for determining whether the information and content published on the Digital Platform is appropriate for his/her child".
3.2. Registration with the Klépierre platform set up by Klépierre Management allows users to:
• take advantage of promotional offers, the conditions of which are specified for each individual offer;
• receive the Klépierre platform's newsletter;
• access certain services of the Digital Platform reserved for members of the Klépierre platform;
• comment on articles published in the appropriate sections of the Digital Platform.
3.3. In order to register with the Klépierre platform, the user must complete a membership form published on the Digital Platform, which provides the required information. In particular, users must set up a user name and password with which they can access their member account.
The user will receive a confirmation of his/her registration by e-mail at the e-mail address indicated in the form.
By logging in, the user receives the status of member of the Klépierre platform, after which he/she will have access to the services referred to under 3.1.
Members of the Klépierre platform can change their information at any time via the "My Account" page. They can also unsubscribe from the Klépierre platform at the following address firstname.lastname@example.org, using the name of the shopping centre".
3.4 If not all mandatory information is provided, notification is not possible. The user undertakes to ensure that the information provided in the form is complete and correct. Any notification containing manifestly incorrect information may be deleted. Users must keep their user name and password strictly confidential. Any connection via a member's user name and password shall be deemed to have been made by that member.
In case of fraudulent use, loss, destruction or theft of the user name and password, the user must change them as soon as possible on the Digital Platform. Klépierre Management cannot be held liable for the consequences of such fraudulent use, loss, destruction or theft.
3.5 Obligations of members
Every member of the Klépierre platform declares:
• to create and use only one account;
• to provide only correct and up-to-date information;
• to respect the other members and to behave courteously and not aggressively when dealing with the other members or with the Digital Platform;
• abide by the specific terms and conditions applicable to each offer or activity presented on the Digital Platform.
3.6 Content Publication
Members of the Klépierre platform may be given the opportunity to comment on articles published in designated sections of the Digital Platform.
Users are themselves responsible for the content they post on the Digital Platform, as well as for the texts and/or opinions they formulate. In particular, they undertake to ensure that this data cannot harm the legitimate interests of third parties.
In this respect, they declare:
• not to smuggle, scold, bully, track down, insult or threaten anyone and not to violate the rights of others;
• not to use coarse language, such as an insult;
• not to be aggressive;
• promote any brands, stores, activities, products or services;
• not tolerate crimes against humanity and not incite racial hatred or paedophilia;
• not create a false identity or assume the identity of a third party;
• transmit viruses, Trojan horses, logic bombs or other harmful or destructive programs;
• Do not disrupt the operation of the Digital Platform;
• Infringe the privacy and image rights of individuals who are likely to be identified in the content;
• in general, do not send elements that infringe (intellectual property) rights of third parties, in particular trademarks, the right to privacy or copyright.
The user must indemnify and hold Klépierre Management harmless in connection with any legal action based directly or indirectly on such comments and/or information, which may be brought against Klépierre Management by any party. In particular, they agree to pay all amounts that may arise from any third party's legal action against Klépierre Management, including costs of legal assistance and litigation costs.
3.7 According to the applicable regulations, Klépierre Management is not responsible for the content that users post on the Digital Platform. However, it has supervisors to monitor users' contributions. Supervision takes place after publication (retrospectively). The choice of retrospective supervision has to do with the practical impossibility, due to the immediate nature and scope of the content, of monitoring all content in advance. Although the principle of retrospective supervision promotes the user's freedom of expression, every user must take responsibility and ensure compliance with basic rules of legislation and regulations, such as those laid down in this article. Therefore, the user should note that Klépierre Management reserves the right at all times to remove the content, in whole or in part, for any reason, without prior warning or explanation. The user cannot make any claims in this respect. Users who are surprised or shocked by another user's content may contact the supervisor directly at the following address: email@example.com.
User shall indemnify and hold Klépierre Management, as well as all those involved in the creation, production and distribution of the Digital Platform, harmless from and against any and all claims, liabilities and costs resulting from any violation of these terms and conditions or in connection with the use of the Digital Platform.
The user provides all information and data entirely under his own responsibility and undertakes to indemnify and hold Klépierre Management harmless in connection with all direct and indirect damages that may result therefrom.
The user is solely liable for direct and indirect, material or immaterial damage caused to the Digital Platform by himself/herself as a result of the use, illegal or otherwise, of the service provided there. The user undertakes to indemnify Klépierre Management in the aforementioned situations, including the costs of legal assistance incurred by the company in the event that the latter has to pay compensation. Furthermore, the user undertakes to reimburse Klépierre Management for the costs it has incurred in repairing the damage caused.
Klépierre Management cannot be held liable for any direct or indirect damage resulting from access to or use of the Digital Platform or the information contained therein, regardless of its nature. In particular, the brands provide information about their products and services entirely under their own responsibility and cannot lead to liability on the part of Klépierre Management.
Klépierre Management disclaims any responsibility for the appropriateness of decisions made and actions performed by users based solely on the information published on the Digital Platform.
Klépierre Management disclaims any liability for damages suffered by the user, in particular as a result of the loss, deterioration or mutilation of files or the transmission of viruses that could infect his/her computer equipment or other property when connecting to and/or accessing and/or using the Digital Platform.
The User acknowledges that the transmission of data over the Internet is relatively technically reliable and that the data itself is not protected against possible misuse. Under such circumstances, users are fully responsible for passing on passwords or other confidential information and, more generally, sensitive information.
Users are responsible for taking all appropriate measures to protect their data and equipment against contamination by viruses such as attempts of intrusion into their computer system by third parties via the Digital Platform.
The user acknowledges that his/her equipment is connected to the Internet entirely at his/her own responsibility and that Klépierre Management is therefore not responsible for any damage that may occur during that connection.
In full awareness of the foregoing, the user therefore waives his/her right to hold Klépierre Management liable for any of the above facts or events.
Klépierre Management will make reasonable efforts to provide up-to-date information on its Digital Platform. All information brought to the attention of persons accessing the Digital Platform is selected on a specified date.
The information may need to be updated, which, for technical or other reasons, may not have happened by the date it is consulted, or may need to be changed. Klépierre Management cannot be held liable for errors or omissions.
The Digital Platform may contain links to other websites. Unless otherwise indicated, the websites to which these hyperlinks refer are independent of the Digital Platform and Klépierre Management. Klépierre Management can in no way be held liable for the content on those web sites, any damage that may occur as a result of connection to those web sites, the information contained therein, or transactions taking place using them, for which the web site publisher is solely responsible.
Any hyperlink of any kind that provides access to the Digital Platform or to any of the pages or elements thereof requires the prior written consent of Klépierre Management.
8. FUNCTIONS FOR EXCHANGE WITH SOCIAL MEDIA
The Digital Platform offers functionalities for sharing certain content on social networks. The user agrees not to appropriate the meaning of the content or harm the reputation of Klépierre Management. In any case, this exchange takes place entirely at the user's own responsibility; as Klépierre Management is not the publisher of these social networks, it cannot be held liable for the consequences of using such platforms.
9. PROCESSING OF PERSONAL DATA
The Digital Platform includes various forms for the collection of personal data. For more information about this data processing we refer to our Personal Data Protection Charter.
10. INTELLECTUAL PROPERTY
This Digital Platform, and in particular all visual elements, as well as the presentation and content of all articles, reviews in the press and, in general, all information published on the Digital Platform, are the exclusive property of Klépierre Management or third parties with whom it has concluded agreements permitting their publication. The user is not permitted to reproduce, distribute or generally exploit these elements or content in any way without the express prior consent of Klépierre Management.
11. AMENDMENT OF THESE TERMS AND CONDITIONS
These conditions may be changed at any time. Each new version will be published on the Digital Platform. The applicable version is the version in effect on the date Users access the Digital Platform and is binding on those Users.
12. SAFETY LIABILITY
If any of the provisions of these general terms and conditions are deemed unenforceable under applicable law, the user and Klépierre Management agree to renegotiate them in good faith in order to maintain as far as possible the economic position from which they benefit as mentioned in the unenforceable provision.
If they fail to replace this provision in a mutually acceptable and binding manner, this provision shall be excluded from this Agreement and the other provisions of the General Terms and Conditions shall be construed as if that provision were excluded and the other provisions shall remain in force.
GENERAL DATA PROTECTION REGULATION
Data storage for the purpose of customer analysis.
Our organization processes segmentation data from Whooz to analyze the needs of our customers and to translate these insights into a better service. Whooz is a service provider in the field of consumer information, which information is provided under the product name Whize. As a segmentation specialist, Whooz provides predictions of characteristics, interests and behaviours of all Dutch households. If you object to the fact that we combine your customer data with the Whooz data, we will - if you request us to do so - block your data. If you would like more information about the Whooz data, you can find it on the Whooz website (www.whooz.nl/privacy-en-voorwaarden). Questions about the Whooz data can be directed to firstname.lastname@example.org.
GENERAL TERMS AND CONDITIONS (WIN)ACTIONS MARKET HALL & PARTNERS
• These terms and conditions apply to promotional campaigns organized by Markthal and published on Markthal's Facebook page. Excluded from participation are employees of Markthal.
• By participating in the Facebook promotion, participants agree to these terms of participation.
• The winners of Facebook actions will be chosen based on the nicest reaction. The prize is not exchangeable for money.
• The winner will be notified via Facebook.
• Participants agree that if they win, they will be announced as the winner on Markthal's Facebook page.
• Questions or comments regarding this Facebook promotion will only be dealt with if addressed to: email@example.com.
• There will be no correspondence about the results.
• Data of participants will only be used for participation registration and for communication regarding this Facebook promotion unless otherwise indicated in these terms and conditions.
• Facebook and third parties engaged by Markthal are not liable for any damages of any nature whatsoever arising from participation in this promotion. This promotion is in no way sponsored, supported or supervised by Facebook.
• At the age of 18 and younger, a legal representative has given permission or taken note of the terms and conditions.
• This Facebook promotion acts in accordance with the Code of Conduct Promotional Games of Chance.
• Markthal has permission to change the conditions of participation in the interim.
• The winner must collect the prize himself/herself upon presentation of identity card at the security of Markthal. The prize will not be sent and will be reserved for the winner for 2 months after it has been announced.
• There will be no correspondence about the results.