TERMS AND CONDITIONS
Website, App and Loyalty Program
LAST UPDATED: June 5th, 2024
These terms and conditions (the “Terms and Conditions” which include the general terms and the specific terms) govern the use of our Website and/or App and the use of our Loyalty Program and other specific services (each as defined below); together referred to as the “Services” that are provided by Unibail-Rodamco-Westfield as identified in “Definitions” below (“URW”, “We”, “Us”, “Our”).
The Services are offered and made available only to users of 16 years old or older (18 years with respect to certain Services, see Part B, Part C and Part D). If you are not yet 16 years old, please discontinue using the Services immediately. By using or attempting to use the Services, you certify that you are at least 16 years old.
When you create an account through the Website and/or the App and select Preferred Shopping Centre(s) (as defined below), you will benefit both from specific services available in such Shopping Centres as further described below and on Our Website, and from Our Loyalty Program (not available in all Shopping Centres, see here).
Our Loyalty Program is free of charge and aims to offer a seamless experience, allowing holders of a single account to (i) benefit from offers, services, promotions and information in all URW Shopping Centres and (ii) access content, offers, events or challenges tailored to the Community (as defined below) that you have chosen.
As applicable, by checking the dedicated box or by using Our Website and/or App without registering or signing in to your account, you consent to be legally bound by these Terms and Conditions. If, for any reason, you do not agree with all of these Terms and Conditions, please discontinue using the Services immediately.
Please note that URW may offer services which are not subject to these Terms and Conditions but to their own terms and conditions which will be duly provided to you where relevant (for example, gift cards that We may offer or contests, sweepstakes or donation platform).
In these Terms and Conditions, you will find the following information:
Table of Contents
PART B – SPECIFIC TERMS APPLICABLE TO SHOPPING CENTRES IN THE EU
PART C – SPECIFIC TERMS APPLICABLE TO SHOPPING CENTRES IN THE UK
PART D - SPECIFIC TERMS APPLICABLE TO SHOPPING CENTRES IN THE USA
PART A – GENERAL TERMS
Table of Contents
2......... Registration and Account
3......... External Links and Content
4......... Privacy and Protection of Personal data
5......... Intellectual Property
6......... Your Responsibilities
7......... Our Responsibilities
9......... Severability / Entire Agreement
10........ Updates to Terms and Conditions
11........ Suspension / Modification of the Services
12........ Applicable Law and Jurisdiction
- App: the mobile application of the Shopping Centres and the “Westfield – App Shopping” application.
- Community(ies): a group of individuals with common interests. URW has defined these Communities in relation to the offers or services provided by our Shopping Centres and gives you the opportunity to choose one when creating your account. Selecting a Community allows You to receive or share content on topics that may be of interest to the selected Community. You are not obliged to select a Community and may change your Community at any time via your account.
- Loyalty Program: the URW loyalty program which is available in all Shopping Centres located in the EU (except in the Shopping Centres Carrousel du Louvre, les Ateliers Gaîté, located in France, Palais Vest, Forum Steglitz, Gera Arcaden, Düsseldorf Arcaden, Schönhauser Allee Arcaden, Wilma Shoppen, Breuningerland Ludwigsburg, Neukölln Arcaden, Breuningerland Sindelfinge located in Germany) and in all Shopping Centres located in the UK. The Loyalty Program is not available in the Shopping Centre located in the USA.
- Preferred Shopping Centres: the Shopping Centre(s) of your choice. You can add or remove any Shopping Centre at any time through your account, at your entire discretion.
- Shopping Centres: Our shopping centres located in the EU, in the UK and in the USA. You will find the entire list and related contact details here.
- Unibail-Rodamco-Westfield: means (i) Unibail Management, Simplified joint stock company with a capital of 20 000 000€, having its registered office at 7 place du Chancelier Adenauer 75016 Paris, France, registered within the Paris Register under number 414 878 389, and/or (ii) the local entity(ies) managing the Service depending on the relevant country as identified here, as the context requires.
- Website: the website available at the address www.westfield.com and all subdomains.
2.1 Creation of an account
To benefit from the Loyalty Program and/or from other specific services offered depending on the Shopping Centers, you must register and create an account with Us and select your Preferred Shopping Centre(s). Creating an account is voluntary.
To register and create an account with Us, you will have to complete the relevant registration process and create an account by providing Us with the requested information (including first and last names, and email), and choosing a password.
You agree to provide true, accurate and complete information, as well as to update such information if necessary.
You are not obliged to provide Us with any optional information requested.
2.2 Management of the account
You must maintain confidentiality of your login details and remain responsible for all activities that occur within your account. Should you become aware of or suspect any unauthorised use(s) of your account, you should immediately notify Us at abuse@urw.com.
The creation of an account is limited to one per person (same name, same e-mail address). You acknowledge that your account is personal and reserved for your own and non-professional use. Your account cannot be transferred to another person.
In order to access your account, you will be asked to log in with your email and chosen password.
2.3 Selection of Preferred Shopping Centre(s)
Upon creation of your account, you will be asked to select your Preferred Shopping Centre(s). You can select at your entire discretion one or several Shopping Centre(s), but you need to select at least one Preferred Shopping Centre. You understand that Shopping Centres can be located in your country of residence or in another country or region, and each of them offer their specific services, under their specific terms and conditions.
Before selecting one or several Preferred Shopping Centres and benefiting from their Services, please read Part B for specific terms applicable to Shopping Centres located in the EU, Part C for specific terms applicable to Shopping Centres located in the UK, and Part D for specific terms applicable to Shopping Centres located in the USA.
You can change your preferences at any time through your account on the Website or the App, by adding or removing any of the Shopping Centres.
By default, the Shopping Centre where you originally registered to Our Services is your Preferred Shopping Centre but you can replace it by another Preferred Shopping Centre. You may add other Preferred Shopping Centre(s) at any time, as specified above.
2.4 Selection of Community
When you create your account, you will have the opportunity to select your Community. You do not have to select a Community to create an account and you can change your Community at any time via your account.
Selecting a Community allows you to receive and view content related to the interests shared with the other members of the Community. This content, personalised for your Community, will appear as a priority on the Site or App, but you will also be able to access the content available for other Communities to which you do not belong by clicking directly on the Community concerned.
When choosing your Community, if you don't know which Community to choose, you can answer a series of questions, the results of which will guide you towards the Community that seems to suit you best.
2.5 For US residents: SMS Terms and Conditions
If you opt-in to receive text messages when you create an account or otherwise, our SMS Terms and Conditions also apply. Please review those terms here.
We may propose hypertext links from the Services, or from communication you receive from 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 in any case responsible or liable 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 the access or use of such information, content, products, services or material available on third-party websites or Internet sources.
4. Privacy and Protection of Personal data
In order to create an account, We will ask you to provide certain personal data.
You will find further information on the processing of your personal data in Our Privacy Notice available here.
5.1 Our Content
The Website and App, which include any software used in connection with the Services, and all of their contents (including, but not limited, to texts, editorial content, database, page design, operating software, photos, images, graphics, videos, sounds, maps, logos, trademarks, information and any elements of all and every kind comprising the Services) (collectively “the Content”) are protected by applicable legislations on author’s right, 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 only for personal use on any computer or mobile device, for the duration of the use by you of the Services.
Except as otherwise provided under these Terms and Conditions, 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 authorized by applicable law.
Failure to comply with these provisions constitutes an infringement and may result in civil and/or criminal sanctions. We 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 through the Services information, texts, editorial content, photos, images, graphics, videos, sounds, messages, logos, trademarks and any materials of every kind that you submit, store or share while using the Services (collectively “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 through 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 to the Services to the extent permitted by applicable law. This license will last until the expiration of a one-year period following the closure of your account, whatever the reasons for such closure.
- In the event that Your Content contains images or videos identifying You, You authorise Us free of charge to fix, copy, reproduce, represent, publish, distribute, edit, adapt, modify, transform and retouch these elements identifying You on our Website and our App for promotional and commercial purposes.
When you accept that We republish Your content on our "Social Wall", Your authorisation is valid for the whole world and for a period of one year from the date of your consent, it being specified that you may request the withdrawal of these publications at any time by writing to the following address: content@urw.com.
5.3 For US residents: Notice and procedure for making claims of copyright infringement
We respond to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). If you believe that the Website or App contains elements that infringe your copyrights in your work, please follow the below process for submitting a notice of claimed copyright infringement under the DMCA.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent ONLY to Our Designated Agent. Written notification must be submitted to the following Designated Agent:
DMCA Agent
Westfield, LLC
2049 Century Park East
41st Floor
Century City, CA 90067
United States of America
Phone:
Email: dmca@urw.com
You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp.
Under Title 17, United States Code, Section 512(c)(3)(A), the notification of claimed infringement must be a written communication that includes the following:
· A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
· Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will respond to notifications of claimed copyright infringement in accordance with the DMCA.
If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to Our designated agent with the following written information:
· A physical or electronic signature;
· Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
· A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
· Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which Wildfire may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
We will respond to counter notifications in accordance with the DMCA.
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:
· posting, providing, inputting, uploading, submitting or otherwise any of Your Content to the Services that is contrary to public order and morality, unlawful, threatening, stalking, harassing, violent, abusive, harmful to others, tortuous, defamatory, obscene, libellous, insulting, pornographic, invasive of another's privacy, hateful, or racially, ethnically, discriminatory or otherwise objectionable, or which promotes or encourages illegal activity;
· posting, providing, inputting, uploading, submitting or otherwise any of Your Content to the Services that infringes any laws or regulations or third party’s rights, including any copyright, trademark, trade secret, patent, intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights;
· posting, providing, inputting, uploading, submitting or otherwise any “spam”, marketing materials, unsolicited or unauthorized advertising, or any other form of solicitation via the Services;
· using any viruses, time bombs, cancelbots, malware, worms, malicious code, defects, Trojan horses, corrupted files or any other computer code, files or programs designed to disrupt, destroy, limit or impair the normal operation of the Services, servers or networks connected to the Services;
· harming or attempting to harm children in any way;
· creating fake identity for the purpose of misleading others;
· using technology, automated systems such as “bots”, “spiders”, or “crawlers” or other means to collect or access unauthorised content or non-public spaces;
· using any data mining, robots, or similar data gathering and extraction tools;
· attempting to test, probe or scan the vulnerability of any system or network connected to the Services or breach security or authentication measures;
· advertising or offering to sell or buy any goods or services for any business purpose.
We do not monitor Your Content placed 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 and Conditions. We also do not monitor or restrict communications 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 laws, 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 at content@urw.com.
Non-compliance with these Terms and Conditions may result in a warning and/or immediate suspension or closure, with no prior notice of your account, without prejudice to any legal actions which could be taken. No delay or omission by Us in exercising any rights under these Terms and Conditions will operate as a waiver of that or any other right.
6.2 Your Liability
You are entirely responsible for maintaining the confidentiality of your passwords and account identifiers. We are not responsible for any consequences resulting from the use of your account by an unauthorized third party. You are also responsible for all activities that occur under your account. We encourage you to choose 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 you transmit to the Services, your use of the Services and all activities undertaken under your account. Consequently, you are responsible for properly configuring or taking all appropriate measures to maintain appropriate 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 you are solely responsible for any damages to your computer system or loss of data that result from the download of such information, material or data.
You must provide all equipment (including 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.
The Services provided by Us are for information purposes only. Although all reasonable efforts are taken to ensure that the Content of the Services is current, accurate, complete and up-to-date, the Services are provided by Us on an "as available" basis without any warranties, undertakings or other implied obligations (howsoever arising), all of which are excluded. You expressly agree that your use of the Services is at your sole risk.
To the full extent permitted by applicable law, We are not liable for (i) force majeure events or any other event beyond our reasonable control, (ii) damage, loss or any consequences arising from any use of the Services or their Content, or for Your Content you may release on the Services, and (iii) for any indirect damages or losses, as well as any immaterial damages, damages for loss of profits, revenues, usage or data resulting from the use or operation of the Services.
You expressly acknowledge that (i) the Services are not error-free or free of virus, (ii) the connection to the Services implies the risks inherent to any connection and transmission on the Internet and mobile phone networks, in particular with respect to the data transfer speed, information query or consultation response time and technical performance, (iii) We have no control over third parties networks or websites you may access in the course of your use of 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.
You authorize Us to transfer, assign or delegate any of Our rights and obligations under these Terms and Conditions to any third party.
9. Severability / Entire Agreement
If any portion of these Terms and Conditions is held to be invalid, void, or for any reason unenforceable, these Terms and Conditions shall be deemed severable and the remaining portion shall remain in full force and effect.
These Terms and Conditions, together with any additional terms referenced in these Terms and Conditions, which are hereby incorporated by reference, contain the entire understanding and agreement between you and Us and supersede any and all prior or inconsistent understandings relating to the Services and your use of the Services. These Terms and Conditions cannot be changed or terminated orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms and Conditions.
10. Updates to Terms and Conditions
We may revise or update these Terms and Conditions from time to time. You will be informed of any changes to these Terms and Conditions by the means we deem is the most appropriate (email, notification, posting of the revised Terms and Conditions on the Service). The latest version of the applicable Terms and Conditions is the one published on the Website Westfield.com. If We make changes and if your consent is required in that respect according to applicable law, We will seek for your consent. To the extent permitted by applicable law, your continued access or use of the Services constitutes your acceptance to the revised or updated Terms and Conditions.
11. Suspension / Modification of the Services
Please note that We will be entitled to modify/suspend any of the Services at any time, without any right to compensation or reimbursement for your benefit.
12. Applicable Law and Jurisdiction
12.1 Except for US and UK residents (see below), these Terms and Conditions shall be governed by and construed in accordance with French law and you agree that French courts will have exclusive jurisdiction, subject in any event to any mandatory provisions of your local jurisdiction.
Nothing in these Terms and Conditions affects your rights as a consumer to rely on mandatory provisions of your local jurisdiction.
12.2 For UK residents.
You agree that these Terms and Conditions are governed by and interpreted in accordance with the laws of England and any disputes will be decided only by English courts.
12.3 For US residents.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. IT CONTAINS AN ARBITRATION CLAUSE AND JURY TRIAL AND CLASS ACTION WAIVERS.
Choice of Law/Forum Selection
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You specifically agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THESE TERMS AND CONDITIONS, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.
No Class Actions
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.
Alternative Dispute Resolution, Arbitration and Waiver of Class Action
By using the Services, you agree that this Alternative Dispute Resolution, Arbitration and Waiver of Class Action provision (“Arbitration Agreement”) governs any and all disputes arising out of, affecting, or relating to your relationship with us, the Website and/or App, and all websites, software, products or services we have provided, will provide, or have offered to provide to you, that are threatened, made, filed or initiated, (hereafter referred to as the “Claims”). Any Claims shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at www.adr.org. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement shall not apply to claims that are initiated in or transferred to small claims court.
The Claims shall be resolved by a single arbitrator. The arbitrator shall be selected in accordance with the Rules. In the event of a conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement controls. If AAA is unavailable to resolve the Claims, and if you and we do not agree on a substitute arbitration administrator, then you can select the arbitration administrator for the resolution of the Claims.
Mandatory Pre-Arbitration Settlement Conference Procedure.
Before you or we assert any Claims in any forum (including the commencement of any arbitration proceeding under this Arbitration Agreement), you and we agree to try to informally resolve our differences by participating in a mandatory pre-arbitration settlement conference. The pre-arbitration settlement conference shall consist of, at a minimum, the following: (1) an exchange of important documents or written materials that form the basis for the Claims; and (2) a meeting by Zoom, Microsoft Teams, or equivalent teleconferencing technology, lasting at least one-half hour (30 minutes) in duration, during which the party with the Claims must present a concrete, good faith settlement demand, and the other party must present a concrete good faith counter-offer. The party with the Claims must provide the important documents at least ten days before the pre-arbitration settlement conference. We agree that the pre-arbitration settlement conference procedure as outlined in this paragraph is mandatory and is an absolute condition to your and our ability to assert Claims or commence any proceedings against the other. The pre-arbitration settlement conference condition will not be satisfied if the side with the Claims does not make a settlement offer or settlement demand during the pre-arbitration settlement conference.
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the arbitration and the Arbitrator can award the same remedies that a court can award. The Arbitrator’s award can be entered as a judgment in court. Except as provided by law, the arbitrator’s award is not subject to review by the court and it cannot be appealed. We will each pay the arbitrator’s fees and expenses as provided in the Rules, but if you win we will also reimburse you for any arbitrator’s fees and expenses that you paid. You will be responsible for your own attorneys’ fees, unless they are awarded to you by the arbitrator. Nothing contained in this Arbitration Agreement shall prevent either of us from applying to any court of competent jurisdiction for emergency provisional relief, such as a temporary restraining order, a temporary protective order, an attachment or any other pre-judgment remedies. If you are a tenant, lessee, or a licensee at one of Our shopping centers, this Arbitration Agreement shall not apply to any action for unlawful detainer or any other summary eviction proceeding.
Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the court related to the Claim.
Class Action Waiver. ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.
Right to Opt-Out. You have the right to opt-out of this Arbitration Agreement. To opt out, you must notify us of your intent to do so within 60 days after this Arbitration Agreement was provided to you. Your opt-out will not be effective and you will be deemed to have consented and agreed to the Arbitration Agreement unless your notice of intent to opt out is received by use in writing at Westfield, LLC, 2049 Century Park East 41st Floor, Century City, CA 90067 Attn: Legal within such 60-day time period. Your notice of intent to opt out can be a letter that is signed by you or an email sent to @westfield.com by you that states “I elect to opt out of the Arbitration Agreement” or any words to that effect.
FOR MORE DETAILS or if you have questions, you may call us or visit a branch. If you have questions about AAA procedures, you should check AAA’s website, www.adr.org, OR call AAA at (800) 778-7879.
PART B – SPECIFIC TERMS APPLICABLE TO SHOPPING CENTRES IN THE EU
These specific terms and conditions are applicable to specific Services offered by Shopping Centres located in the EU (as noted below) and are applicable in addition to the General Terms set out above (and the General Terms shall be deemed to be incorporated herein). The GEEV donation platform is only accessible in France. To the extent there exists a conflict between the General Terms and the relevant Specific Terms, the relevant Specific Terms will take precedence.
Table of Contents
In addition to the definitions set out in the General Terms, for the purpose of this specific Part B, the following definitions shall apply:
Loyalty Card: physical card or virtual card (available within your account on the App and/or the Website) that displays your loyalty identification number and is required to benefit from offers or services offered in the framework of the Loyalty Program.
2.1 Availability
The services related to the loyalty program are offered and made available only to users of sixteen (16) years old or above.
If you are not yet 16 years old, please discontinue using the Loyalty Program immediately. By using or attempting to use the Loyalty Program, you certify that you are at least 16 years of age.
The Loyalty Program under these specific terms is available in all Shopping Centres located in the EU, except in the Shopping Centres Carrousel du Louvre, les Ateliers Gaîté, located in Paris, Palais Vest, Gera Arcaden, Düsseldorf Arcaden, Schönhauser Allee Arcaden, NordWestZentrum, Wilma shoppen, Breuningerland Ludwigsburg, Neukölln Arcaden, Leine-Center Laatzen, Breuningerland Sindelfingen located in Germany.
The Services offered as part of the Loyalty Program are described on the pages of the Website and/or App provided for this purpose but are not necessarily available on these two distribution channels (for example, participation in the "challenges" can only be done via the App).
2.2 Creation of an account
In order to join the Loyalty Program, you will have to create an account in accordance with article 2 above. The creation of the account will automatically trigger the creation of a Loyalty Card with Us.
You can also create an account by using the references of the Loyalty Card already issued to you by Us (i.e., entering the code mentioned below the barcode of the Loyalty Card or scanning the barcode) and confirming your information (including first and last names, and email).
Once created, the account will be automatically linked and associated to the Loyalty Card that We could have issued to you before the account creation.
Since 14 March 2023 are only virtual cards.
Physical Loyalty Cards issued before this date will not be valid anymore and you will need to create an account through the Website or the App to be able to continue benefiting from the Loyalty Program. In that respect, you can use the references of your Loyalty Card to create such account through the process described above in this article 2.2.
2.3 Management of your account
Your Loyalty Card allows you to benefit from services offered in all relevant Shopping Centres.
You acknowledge that the Loyalty Program and Loyalty Card are personal and reserved for individuals for their own and non-professional use. They cannot be transferred, and the Loyalty Card is in no way a payment card.
2.4 Management of your Community
By choosing a Community, you can receive and share content related to your interests.
Personalised content for your Community will appear first on the Site or App, but you will also be able to access content available for other Communities to which you do not belong by clicking on the relevant Community. You can modify your Community at any time via your account.
2.5 Specific terms
2.5.1– Donation Platform
The Loyalty Program allows you to use the GEEV donation platform. This platform is only accessible in France and only allows donations to be made or received in France. If you wish to use this platform, We will send GEEV your full name, email address and postal address so that GEEV can create a GEEV Premium+ account for you. In this case, you will be subject to GEEV's terms of use and your personal data will be processed in accordance with GEEV's Privacy Policy, which will be available on its website. In this respect, GEEV will act as an independent Data Controller for the relevant processing of your personal data.
2.5.2 The step counter challenge
Step counter challenges are organised for members of the Loyalty Program.
To access the rules of the challenges and to know the detailed terms and conditions of the current challenges (i.e. which Shopping Centre is eligible, when the challenge takes place, if there is a reward, etc.), please refer to the App.
PART C – SPECIFIC TERMS APPLICABLE TO SHOPPING CENTRES IN THE UK
These specific terms and conditions are applicable to specific Services offered by Shopping Centres located in the UK (as noted below) and are applicable in addition to the General Terms set out above (and the General Terms shall be deemed to be incorporated herein). To the extent there exists a conflict between the General Terms and the relevant Specific Terms; the relevant Specific Terms will take precedence.
Table of Contents
2. ........ Loyalty Program…………………………………………………………………………………………………………………14
2......... Conditions of Entry to UK Shopping Centres
3......... Interactive Maps Services
4......... Westfield Smart Parking Services
1. General
Card Authorisation. When you create an account you may need to add a payment card in order to make the most of some of the Services.
In order to verify your payment card when you add it to your account or when you update the payment card details, We may issue an ‘authorisation hold’ for a small amount to your card. This amount is never actually charged to your account, but you may see a “pending” charge for the authorised amount. For example you might see a temporary charge authorisation for GBP £1 or less on your bank or card statement. It is independent of any payment transaction that you make using the Services – i.e. it is not tied to a smart parking payment or another service. If your payment card issuing bank is in another country, you will see a pending charge for a similar amount in your regional currency.
We immediately void the authorisation hold, but it may take a few business days for your payment card issuing bank to release the hold on your account; actual timing depending on your bank’s policy.
We issue authorisation holds as a way to protect against fraud that may result from unauthorised card usage and to ensure that your saved payment card can be used to pay for features requiring payment. If you would like to confirm a specific item on your statement, please contact your bank directly.
2. Loyalty Program
2.1 Availability
The services related to the loyalty program are offered and made available only to users of sixteen (16) years old or above.
If you are not yet 16 years old, please discontinue using the Loyalty Program immediately. By using or attempting to use the Loyalty Program, you certify that you are at least 16 years of age.
The Loyalty Program under these specific terms is available in all Shopping Centres located in the EU, except in the Shopping Centres Carrousel du Louvre, les Ateliers Gaîté, located in Paris, Palais Vest, Gera Arcaden, Düsseldorf Arcaden, Schönhauser Allee Arcaden, NordWestZentrum, Wilma shoppen, Breuningerland Ludwigsburg, Neukölln Arcaden, Leine-Center Laatzen, Breuningerland Sindelfingen located in Germany.
The Services offered as part of the Loyalty Program are described on the pages of the Website and/or App provided for this purpose but are not necessarily available on these two distribution channels (for example, participation in the "challenges" can only be done via the App).
2.2 Creation of an account
In order to join the Loyalty Program, you will have to create an account in accordance with article 2 above. The creation of the account will automatically trigger the creation of a Loyalty Card with Us.
You can also create an account by using the references of the Loyalty Card already issued to you by Us (i.e., entering the code mentioned below the barcode of the Loyalty Card or scanning the barcode) and confirming your information (including first and last names, and email). Once created, the account will be automatically linked and associated to the Loyalty Card that We could have issued to you before the account creation.
2.3 Management of your account
Your Loyalty Card allows you to benefit from services offered by the Loyalty Program and the specific services offered in all relevant Shopping Centres.
You acknowledge that the Loyalty Program and Loyalty Card are personal and reserved for individuals for their own and non-professional use. They cannot be transferred, and the Loyalty Card is in no way a payment card.
2.4 Management of your Community
By choosing a Community, you can receive and share content related to your interests.
Personalised content for your Community will appear first on the Site or App, but you will also be able to access content available for other Communities to which you do not belong by clicking on the relevant Community. You can modify your Community at any time via your account.
2.5. The step counter challenge
Step counter challenges are organised for members of the Loyalty Program.
To access the rules of the challenges and to know the detailed terms and conditions of the current challenges (i.e. which Shopping Centre is eligible, when the challenge takes place, if there is a reward, etc.), please refer to the App.
3. Conditions of Entry to UK Shopping Centres
24 hour uniformed and plain clothed security operate at Westfield London and Westfield Stratford City
Uniformed and plain clothed police operate at Westfield London and Westfield Stratford City
Smoking is not permitted in-centre
Only guide dogs are allowed in-centre
CCTV images are being recorded for your safety and security. This system is controlled by Westfield Europe Limited. For further information on how We use your information for safety and security purposes, your rights, and how you can contact Us please see Our privacy notice.
Photography is not permitted without permission.
Bicycles, skateboards, scooters and other leisure transportation devices are not permitted in-centre.
4. Interactive Maps Services
Through the Website, We offer services to locate places of interest and help you find your way around the UK Shopping Centres (“Interactive Maps Services”).
We do Our best to provide you with the most up-to-date information via the Interactive Maps Services but cannot guarantee accuracy of the Interactive Maps Services.
5. Westfield Smart Parking Services
The following specific terms (“Smart Parking Terms”) apply to your use of the smart parking services (“Smart Parking Services”) in the relevant Shopping Centres in the UK.
We offer Smart Parking at Westfield London and Westfield Stratford City (“Smart Parking”). Please check the Website for details about availability of Smart Parking at the UK Shopping Centre you are visiting.
Registration
You are required to create an account via the Website or App before using certain features of the Smart Parking Services. Please refer to the General Terms above for more information. You must also complete the online registration form via the Website or App to use the Smart Parking Services. To use the Smart Parking Services, you must be 18 years of age or older and hold a valid driving license in the UK. We reserve the right to deny any Smart Parking registration in Our absolute discretion. Any failure to comply with these Smart Parking Terms will automatically render your registration void.
It is not possible to redeem any other parking offer while parking using the Smart Parking Services.
Using Your Smart Parking with Automatic Number Plate Recognition (“ANPR”)
Any Smart Parking user who enters the Westfield London or Westfield Stratford car park using number plate recognition must exit via the same method. We accept no liability for any loss you may suffer as a result of your inability to redeem any parking offer.
Entry to and use of Smart Parking Services at Westfield London and Westfield Stratford
Your entry to and use of the Smart Parking Services Westfield London car park and Westfield Stratford car park remains subject to the Westfield London Car Park Terms and Conditions located here and Westfield Stratford City Car Park Terms and Conditions located here and displayed in the Westfield London and Westfield Stratford City car park offices.
Prices
The Smart Parking Services entitles the registered user to park at the Westfield London or Westfield Stratford car park at capped tariffs. Tariffs are listed here:
- Westfield London: https://uk.westfield.com/london/parking-how-it-works
- Westfield Stratford: https://uk.westfield.com/stratfordcity/parking-how-it-works
Any change in Smart Parking tariffs will be communicated to you via the email address associated with your account. Please ensure that your account details are accurate at all times in order to receive such communications.
Each time the registered vehicle enters and exits the car park, the tariff will be charged to the registered payment card. Payments will show as being processed by Commerz Real Investmentgesellschaft mbH – Westfield, or Westfield Stratford City Car Park, depending on the centre you visited. In the event that a parking charge to your current payment card is declined, you agree to allow Us to settle your outstanding parking charge to your new payment card registered for use with the Smart Parking Service. We reserve the right to suspend your ability to use Smart Parking Services until any such outstanding balance due is settled on your new payment card.
Smart Parking is not valid in conjunction with any other offer
If you enter the car park in a vehicle registered for Smart Parking, you will be charged the appropriate Smart Parking fee upon exit.
PART D - SPECIFIC TERMS APPLICABLE TO SHOPPING CENTRES IN THE USA
These specific terms and conditions applicable to Services offered by Shopping Centres located in the USA are applicable in addition to the General Terms set out above. To the extent there exists a conflict between the General Terms and the specific terms of this Part D, these specific terms of this Part D will take precedence.
AUTOMATED LICENSE PLATE RECOGNITION (ALPR)
We utilize automated license plate recognition (“ALPR”) technology at certain of our Shopping Centres located in the USA. Please review each of the ALPR Usage and Privacy Policies below for details:
· Westfield Century City ALRP Usage and Privacy Policy
· Westfield UTC ALRP Usage and Privacy Policy
· Westfield Valley Fair ALRP Usage and Privacy Policy
