TERMS AND CONDITIONS OF USE OF THE “Arena SPOT” MOBILE APPLICATION

1.   General

The “Arena SPOT” mobile application is owned by NE Property B.V., and NEPI Rockcastle Group Companies as defined below have the right to use such application.

The purpose of these Terms and Conditions of Use of the “Arena SPOT” mobile application (hereinafter the “Terms and Conditions”) is to fully and accurately inform Users, as defined below, of the terms of use and operation of the Arena SPOT application.

By downloading the Application, the User accepts and agrees to be bound by these Terms and Conditions and the Privacy Notice.

The Companies reserve the right at any time to make changes to the operation of the Application without prior notice, and by continuing to use the Application after such changes have been made, the User agrees to be bound by such changes. If the User does not wish to accept these Terms and Conditions and the Privacy Notice on the processing of personal data, including their amendments/completions, he/she must stop using the Application.

2.   Definitions

“Account”                     means the section of the application consisting of an e-mail address and a password that allows the User to use all the functions of the application and contains information about the User. The User shall ensure that all information entered when creating the account is correct, complete and up-to-date.

“Application” or “App” means the “Arena SPOT” mobile application which consists of software that can be accessed on both iOS and Android systems, is available for free in the App Store and Google Play, and provides the User (as defined below) with a series of services as described below and other services that will be advertised through the App as well as loyalty points entitling the User to discounts on products and services offered in Shopping Centers managed by the Companies or other entities of the Companies’ Group or the Companies’ Partners. To use the app, it needs to be installed on the iOS or Android mobile phone or tablet. The application comprises all its component elements, such as software, design, logo, name, content, etc.

“Communications”  means periodic notifications from the Companies or their Partners, made exclusively electronically, by any type of message sent such as: e-mail, sms, telephone, mobile push, containing general and thematic information, information on offers or promotions, campaigns as well as other commercial communications such as market research or opinion polls.

“Companies”               means the entities that own the rights of ownership or use of the Application, some of which also own the Shopping Centres that are a part of the Loyalty Programme developed through the Application, as mentioned in Annex 1

The list of Companies (that forms Annex 1) is updated as each new Company registers in the Loyalty Programme developed through the Application.

“Content”                      means all information on the App that can be viewed or accessed through the use of an electronic device such as a mobile phone or tablet, including, as generically described in these Terms and Conditions

-        Information in the application that can be visited, viewed or otherwise accessed using electronic equipment

-        Shopping Centre data

“Events”                 means the events organised by the Shopping Centres.

“Favorites”             means the section of the Account that allows the User to create a list of favourite shops or events.

“Group”                  means any other entities in the NEPI Rockcastle Group. The list of NEPI Rockcastle Group companies can be found here: https://nepirockcastle.com/portfolio/ 

“Lessee”                 means the legal entity that rents space in Shopping Centres with the main purpose of selling products or services.

“My Account”         means the My Account tab, which can be accessed by tapping on the icon at the top right, and which allows the User to:

-         edit the first name, last name, date of birth, e-mail address, phone number, password;

-         change the Shopping Centre: select another Shopping Centre

-         see the Privacy Notice, Terms and Conditions, Partners List, Group Shopping Centres;

-         change given consents (e-mail, sms, application notification);

-         access/modify permissions granted at the time of app installation (location permission, camera permission, permission to receive notifications, permission to use mobile data, etc.);

-         Log out;

“My SPOT “            means the loyalty programme attached to the Application. My SPOT is based on the mechanism of accumulating loyalty points as a reward for purchases made in stores within the Shopping Centres participating in the programme. The complete loyalty programme rules can be consulted in the Application -> My SPOT section -> About My SPOT

“Partners”              means the Companies’ business partners who will participate in the loyalty programmes, as identified in the Application Content at the time of the respective programme, and include: NEPI Rockcastle Group shopping centre lessees, media partners, collaborators and event organisers.

The full list of Partners is updated quarterly and can be found in Annex 2 hereof

“Personal Data"    means any information relating to an identified or identifiable natural person, defined as such by Regulation No. 679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR)

 “Shopping Centres” means the shopping centres owned by some of the Companies and covered by the Loyalty Programme developed through the App, as listed in Annex 1

“Shops”                      means the shops related to each Shopping Centre participating in the programmes offered through the App. Each shop that participates in the loyalty programme and has cash registers and issues receipts provides general information (location, contact details), as well as the benefits available in the loyalty programme. The list of shops can be found in the Discover the shops and restaurants section of the Application.

“User”                          means any natural person aged 18+ who has agreed to these Terms and Conditions and who downloads, installs, creates their Account and uses the App, including by scanning the receipt using the App;

“Recommend the App” functionality whereby the User can recommend the App to friends by sending them a promotional code through different channels - social media, email, etc. The User can send the invitation code to any friend. Each time this code is used by the first 10 friends to onboard the App, the User will receive 50 loyalty points. Also, the User will earn a total of 100 loyalty points when a friend to whom they have recommended the App scans their first receipt.

“Change Favourite Shopping Centre” by selecting this option, from the My Account section, the User can change the Favourite Shopping Centre set at the onboarding stage. The new favourite mall will be saved on the User’s account and represents the Shopping Centre that gives the user the loyalty level (Bronze, Silver, Gold); the mechanisms for earning and spending points vary depending on the Shopping Centre. Also, the Favourite Shopping Centre is the default Shopping Centre from which the application draws its content unless:

-        The User is in a different Shopping Centre and has the location service activated, in which case the application extracts its content from that Shopping Centre;

-        The User changes the current Shopping Centre by selecting the Change current mall option;

“Change Current Shopping Centre” by selecting this option on the first page of the application, the User can explore the offers and benefits offered by other NEPI Rockcastle Shopping Centres (offers, events, discounts, etc.). The Shopping Centre will not be saved to the User’s account and does not affect the loyalty level.

“Favourite Shops” functionality whereby Users can save their favourite shops, which will be stored on the User’s account and can be accessed from the My Account section.

3.   My SPOT loyalty programme

3.1 Spending and Earning the Points

The User can spend the points by performing any of the following action:

a)   gift purchase and gift cards

b)   access to exclusive events

c)   private shopping sessions

d)   private styling advice sessions

e)   points donation – though the special donation campaigns that might be available in the App

The User can earn points by:

-        Creating an account in the App (Sign up)

-        Completing the profile

-        Checking-in

-        Recommending the App to a friend

-        First scanned receipt by a friend

-        Scanning receipts - note that sellers' employees and persons related to them, i.e. spouses, ascendants, descendants, siblings, may participate in the loyalty programme, with the provison that they are not entitled to register receipts issued by the seller with whom these employees are employed.

-        Participating in specific earning points campaigns

3.2 Reserving and collecting a reward

To collect a product/service purchased with loyalty points, the User need to perform the following actions:

-        access the Spend points and get rewards section

-        select the product/service they wish to collect and confirm the reservation

-        As soon as the reservation is confirmed, the User will be able to view the pick-up point and the pick-up date on the reservation screen; at the same time, the User will receive a confirmation email with the pick-up location, the pick-up deadline or the date and time of the event.

-        Rewards can only be collected/redeemed within the deadline communicated to the User via email or the reservation screen within the Arena SPOT mobile app; after this date the reservation will expire, the points will remain deducted from the User’s account and the User will not be able to redeem the gift

3.3 Benefits

Each Shopping Centre has its own Loyalty Programme Rules. The user can access the Loyalty Programme Rules in the My SPOT section.

Among the benefits that a Shopping Centre can offer to their customers are:

-        Gift for reaching a higher loyalty level;

-        Discounts on purchases in certain shops: the User can see what discounts are available in the current mall, for his/her level, in the My SPOT -> My Benefits section. In order for the User to benefit from the discount, he/she must show the store employee the barcode displayed in the App for that shop.

-        Access to exclusive events, private shopping sessions or private styling sessions;

3.4 Transactions History - is a section of the My SPOT loyalty module where the User can view the following info:

·        Spent – the list of points spent for each purchase action.

·        Earned – a list with all the points earned in the application.

·        Receipt – a list with all the scanned receipts and the receipts’ status

o  Accepted

o  Pending

o  Invalid

4.   Terms of use of the Application

4.1  Downloading, installation, registration and use of the Application constitutes the User’s express and unequivocal consent to accept in full these Terms and Conditions, and the Privacy Notice.

4.2  In order to use the App, the following requirements must be cumulatively met:

a)     The age of the User is minimum 18 years;

b)     The User has the right and the capacity, under the law, to enter into this agreement and to fulfil the obligations arising therefrom;

c)     The User installs the App on his/her mobile phone;

d)     The User carefully reads these Terms and Conditions and the Privacy Notice on the processing of personal data;

e)     The User creates an account by filling in and submitting complete and true information about himself/herself, mentioned in the form in the App, i.e., full name, e-mail address, telephone number, address of residence, date of birth;

f)       The User accesses for the first time his/her account using his/her email address and password, which will not be disclosed to any other person, or accesses the App via the Facebook application or Apple account.

-        Registration requires a password to be set. In order to avoid the use of the App by other persons without the User’s consent, the login password shall not be disclosed to any third party.

-        If the username and password have been stolen or compromised, the User shall immediately notify the Companies by sending an e-mail to data.protection@nepirockcastle.com

-        In case of login via Facebook, the App will have access to the public Facebook profile, according to the privacy settings specific to the Facebook platform, as well as to the email address. The companies do not assume any responsibility for the functioning of the Facebook application or for any technical errors that may be generated by the connection with the Facebook application.

4.3. The User understands that these Terms and Conditions do not create rights for third parties.

4.4. The Companies reserve the right to review and invalidate the activity/points awarded to a User if that the User registers an activity considered fraudulent and to add the User to the list of persons not entitled to participate.

4.5. The User can stop using the created Account at any time by deleting it.

4.6. The Companies reserve the right to immediately suspend or delete the Account(s) created by a User at any time and without notice:

a)     if they find that the User does not comply with the provisions of these Terms and Conditions, the Privacy Notice or other policies published in the Application;

b)     if the Account(s) is/are not used for a period of more than 12 months.

c)    if they decide to close the Application, the User will be notified 30 days before the closure, and he/she will not have any right to any compensation from the Companies. If the User has not used the points earned by this date, they are lost.

d)     earned points expire and will be invalidated if not spent within 24 months as of their receipt.

5.   Price

Downloading and using the App is free. However, at the time of use of the Application, Users may be required to pay fees, charges or costs imposed by third parties (e.g., by the Internet, data or mobile operator, such as connection and Internet browsing fees). Payment of such costs is the responsibility of Users.

If certain services offered through the App are chargeable, the prices/rates and fees applicable to them are displayed in the App, as well as whether or not they include VAT.

6.   Processing of Personal Data

6.1. The general legal framework governing the protection of personal data is the General Regulation on the Protection of Data No. 679/2016 (“GDPR”) applicable in the European Union.

6.2. Details on the categories of personal data processed in the context of the use of the Application and the related processing details are available in the Privacy Notice.

7.    Intellectual Property Rights

7.1.  The Application, its component elements, graphics, as well as the Content of the Application, are owned by NE Property B.V. and/or, as the case may be, by the Shopping Centres, the Companies or Partners of the Companies, and the User understands that he/she has no rights to them, except for the limited right to install and use the Application, in accordance with these Terms and Conditions.

7.2. The User understands that the information that is made available by the Companies through the Application is the property of the Companies, the Shopping Centres and/or the Partners of the Companies and may be protected, under the law, by copyright or other intellectual property rights. The User also understands that the Companies do not assume responsibility for the veracity of the intellectual property rights held by the Shopping Centres and/or their Partners or for any other information that is made available to the Users through the Application, as a result of the agreement of the Shopping Centres and/or their Partners.

7.3. Users are required to respect all the intellectual property rights of the Companies, of entities belonging to the same group as the Companies, of the Shopping Centres as well as of the Partners promoted within the Application, as requested by the legislation in force. Users are forbidden to use any image, trademark or sign belonging to the Companies or third parties, unless they have obtained the prior written consent of the legal owners.

7.4. Users may download and use the Application only for personal use and only for non-commercial purposes, for which the Companies will grant a non-exclusive and limited license. Thus, Users are prohibited:

-         to use the Application for illegal purposes;

-         to sell, export, license, modify, copy, reverse engineer, distribute or transmit the Application without the prior written consent of the Companies and without complying with the conditions imposed by the Companies in this regard;

-         to make derivative works of, modify, sublicense, lease, loan, distribute or otherwise use the Application, the software underlying the Application or any other component thereof;

-         to publish or otherwise make the Application available for others to copy.

7.5. The Application and its entire Content are protected by the relevant legal provisions on copyright, intellectual and industrial property rights. The use in any way of any elements of the Application, without the prior written consent of the Companies may be punishable under Croatian law.

7.6. The Companies and the Partners of the Companies hold a non-exclusive license to the Application, which includes any software, domain and Content made available through it. All industrial property rights or copyrights that are not held by the Companies and appear in the Application, are the property of the Partners, from whom the Companies have the consent to use.

7.7. Users may use the Application Content only for personal use and only for non-commercial purposes, which use is subject to the restrictions mentioned below or in any other clauses of these Terms and Conditions. Any use of the Application for purposes other than personal use may be made only with the prior written consent of the Companies and under the conditions imposed by the Companies.

In this regard, Users are not allowed:

·        to republish materials uploaded to the App (including republishing on various online and/or offline sites or platforms);

·        to sell, rent or sub-license materials uploaded to the App;

·        to present any material uploaded to the App in public;

·        to reproduce, copy or exploit material uploaded to the App for commercial purposes;

·        to build databases using Application Content;

·        to redistribute materials uploaded to the App, except for content specifically or expressly made available for redistribution.

7.8. These Terms and Conditions do not grant Users any right, title or interest in or to the App, content owned by others and published on the App, trademarks, signs or other intellectual property rights owned by the Companies, the Shopping Centres and/or the Companies’ Partners and/or third parties.

7.9. As the Companies want to improve Users’ experience when using the App, they encourage opinions and suggestions; however, the Companies may use comments or suggestions without any obligation to the Users. Opinions and suggestions can be sent to the following e-mail address: supporthr@myspot.space

7.10.            Should the User violate the provisions of this Section 7, the Companies reserve the right to delete the Account that the User has created within the Application, as well as to request that other remedies be obtained, as provided by law.

8.   Access to the services of Shopping Centres and/or Partners offered through the App

8.1.  Through the App, the User will be able to view products and/or services, access loyalty programmes and benefits offered by the Companies, the Shopping Centres and/or the Companies’ Partners, as these products, services, loyalty programmes and benefits are generically described in these Terms and Conditions and detailed in the Application Content.

8.2. In order for the App to work optimally and to benefit from all its options and benefits, we recommend entering correct and complete data. The Companies do not assume any obligation or responsibility in the event of any consequence if the data provided by the User is not correct or complete.

8.3. The Application can be accessed as “Visitor”, in which case the User understands that he/she cannot access the “My Account” section and cannot scan receipts, collect points, book gifts, save products, offers, events, etc.

8.4. Through the Application, as a logged in User, the User can access the following sections, as defined in the “Application Content”:

8.A My SPOT loyalty programme 

In the My SPOT section, the User can view:

1.   How to use My SPOT points: This section shows the list of gifts, vouchers and events present in the loyalty programme of the mall selected on the first page of the Application. Points earned in one Shopping Centre can be used in another Shopping Centre.

2.   How to earn points: this section shows all the options to collect points

3.   My Gifts: this section displays gifts reserved, received or to be picked up and details of each of these, including details of when and where they will be picked up.

4.   My SPOT benefits

5.   My SPOT loyalty rules

6.   My SPOT level

o       Information about the level of loyalty reached and the next level      

o       Information about the benefits you get in any of the Shopping Centres

o       General information about the loyalty programme

o       Rules applied by each Shopping Centre

Spending the Points

The User can spend the points by performing any of the following actions:

a)   purchase of gifts and gift vouchers

b)   access to exclusive events

c)   private shopping sessions

d)   private styling advice sessions

e)   points donation – though the special donation campaigns that might be available in the app

Accumulation of points

The User can earn points by:

·        Creating an account in the App (Sign up)

·        Completing the profile

·        Checking-in

·        Recommending this App to a friend

·        Scanning receipts - note that sellers' employees and persons related to them, i.e. spouses, ascendants, descendants, siblings, may participate in the loyalty programme, with the provision that they are not entitled to register receipts issued by the seller with whom these employees are employed.

·        Participating in the specific earning points campaigns

Scanning of receipts

In this section, the User can participate in the loyalty programmes offered by all the Shopping Centres and/or the Companies’ Partners or only in one or some of the loyalty programmes, depending on the User’s choice, by scanning fiscal receipts.

The section offers:

• Receipts scanning tutorial and tips on how to correctly fit the receipt on the screen and the main rules for entering receipts
• Scanning of receipts. Details regarding the limitations for scanning can be consulted in the My SPOT section -> About My SPOT

Users may not lend the points collected to other Users or transfer them from one Account to another Account.

Scans of receipts not in the User's possession (photos of receipts) and/or not from a Store of a Shopping Centre will not be accepted.

As the automated receipt identification system only recognises fiscal receipts, and in order to prevent fraud, scans other than valid fiscal receipts will not be accepted. Scans of non-fiscal receipts that the User scans in the Application will not be considered valid for participation in the loyalty programmes offered by all Shopping Centres and/or Partners of the Companies.

Points for scanned receipts may be offered on the spot or, in case of any uncertainty related to the scanning, the Shopping Centres and/or the Companies’ Partners reserve the right to analyse the receipts within a period of up to 3 working days , after which the User will be allocated the number of points.

When points are accumulated, the App will signal this by displaying the updated number of points on the mobile phone/tablet screen in the relevant section.

Shopping Centres and/or the Companies’ Partners may change the number of points they award to Users of the App at any time and for any action defined above, which change will be made known to Users in the App Content.

The Shopping Centres and/or the Companies’ Partners may at any time modify the reward offer in the Spend points and get rewards section of the App both in terms of the variety of rewards offered and the number of points associated with each reward, which modification will be notified to the Users in the Content of the App.

Shopping Centres and/or the Companies' Partners reserve the right to deduct points and block that Users that are fraudulently obtaining points.

If the User deletes the Account or the Account is closed by the Companies, the accumulated and unused points cannot be lent to other Users or transferred to other Accounts, but will be lost.

If the Companies decide to close the App, Users will be notified 30 days before this happens. If Users have not spent their points by the closing date, they are lost.

How to receive the rewards

In order to receive rewards in exchange for loyalty points, the User will select the preferred gift from the App in the MY SPOT section 

To collect a product/service purchased with loyalty points, the User needs to perform the following actions:

·        access the Spend points and get rewards section

·        select the product/service they wish to collect and confirm the reservation

·        as soon as the reservation is confirmed, the User will be able to view the pick-up point and the pickup date into the reservation screen; at the same time, the User will receive a confirmation email with the pick-up location, the pick-up deadline or the date and time of the event.

·        benefits can only be collected/redeemed within the deadline and in the pickup place communicated to the User via email or the reservation screen within the Arena SPOT mobile App; after this date the reservation will expire, the points will remain deducted from the User’s account and the User will not be able to redeem the reward.

·        benefits cannot be sent to the Users via postal or courier service.

The staff who will hand out the gift/voucher or allow access to the event will ask the User to scan a QR code by following the below-mentioned steps:

- the User will open the Arena SPOT mobile app

- the user will access the gift/voucher/event reservation from the App

- the User will tap on “Collect now” button -> this action leads to the app opening the user camera for allowing the User to scan the QR code allocated to the gift/voucher/event;

- after scanning the QR code, the user should receive a Success message

- redeeming the gift/voucher or accessing to the event will be possible only if the success message is showing on the user screen

Companies and/or Shopping Centres do not assume responsibility for the way in which rewards are offered, delivered or handed over by the Partners.

After claiming the rewards, all rewards collected can be viewed in the My SPOT -> Transaction history. Participation in the loyalty programmes to obtain rewards does not involve any additional fees/expenses for Users.

How to benefit from discounts

In order to claim the benefits, the User must access My SPOT -> My benefits.

The benefits for which the User needs 0 points, he/she must go directly to the Partner (i.e. Shop in the Shopping Centre) to which the offer refers, show the barcode to be scanned before payment. The discount will be offered directly at the cash register following this action. Companies and/or Shopping Centres do not assume responsibility for the manner in which the discount is offered or for the granting of the discount.

Participating in loyalty program to obtain benefits does not involve any additional fees/expenses for Users.

9.   User's obligations

9.1. In order to create the Account and use the Application, the User must provide complete, accurate and truthful information as required by the Application.

9.2. By choosing to use the Application you expressly and unequivocally consent to the provision of Personal Data as defined in Section 1 of these Terms and Conditions. The provision of the requested data is mandatory, in accordance with these Terms and Conditions. Refusal to provide the data will lead to the impossibility of completing the authentication within the Application and implicitly the impossibility of using it and obtaining/claiming the benefits that the Application implies.

9.3. By accessing the Account and using the personal password, the User is responsible for all actions resulting from their use. The Companies are not responsible for errors caused by the User’s negligence regarding the security and confidentiality of his/her Account and password.

9.4. By downloading and using the Application, the User agrees not to upload, post, email or transmit any material that contains viruses or other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment associated with the Application. The User also agrees not to interfere with servers or networks connected to the Application or violate any procedures, policies or regulations of networks connected to the Application.

10. Limitations of liability

10.1 The Companies make every effort to ensure that the Application operates continuously; however, the Application may, from time to time, experience interruptions. The Companies do not guarantee that the Application will be consistently available or available.

10.2 If maintenance work is required and the Application is unavailable for maintenance reasons, the Companies will inform Users at the time of accessing the Application, without any right to compensation for the Users.

10.3 The Companies shall not be liable for Internet/network failures and, in particular, for failures due to which the Application cannot be accessed as a result of technical or other difficulties beyond the Companies’ control, e.g. force majeure, fortuitous event, fault of third parties, etc.

10.4 The Companies provide the Application “AS IS”, “WITH ALL FAULTS”, “WITH ALL ERRORS” and “AS AVAILABLE”, without any express, implied or statutory warranty or condition. WE ALSO DECLINE ANY GUARANTEE, INCLUDING ANY MARKETING GUARANTEE, SATISFACTORY QUALITY, FITNESS FOR A SPECIAL PURPOSE OR NEED. WE DO NOT GUARANTEE THAT THE RESULT THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR THAT IT WILL MEET THE USER’S REQUIREMENTS.

10.5 The Companies shall not be liable for inaccurate and/or untrue personal data provided by the Users, in particular for those provided by minors, in order to create the appearance of the minimum age required, according to these Terms and Conditions in order to create an Account and implicitly to use the Application.

10.6 The User understands that the Companies have no responsibility, no control and no obligation to act with respect to:

a)   Content that is accessed by the User through the Application;

b)   the effect of the Content on the User accessed through the Application;

c)   the user’s interpretation or use of the Application Content;

d)   the actions that the User takes as a result of accessing the Application Content;

e)   the content or accuracy, copyright compliance, legality or decency of the material/information found on links to various sites, the privacy policy and the Terms and Conditions of those sites. It is recommended to consult in advance the Legal Terms and other information regarding the collection of personal information. The rules set out herein apply only to information collected by this Application;

f)    damage caused by errors, inaccuracies or outdated information published within the Application and originating from external sources;

g)   damages created as a result of failure/interruption in the operation of the Application; and

h)   inability to access certain links published within the Application.

The Companies do not guarantee the availability of the App or the Content for any given period of time, nor the benefits, loyalty programmes and other products and/or services made available to Users by other entities in the Companies’ group, by the Shopping Centres and/or by their Partners through the App, which may be modified and/or terminated at any time by the Companies, with notice to Users through the App Content or otherwise available. The User understands that the products and services promoted within the App do not belong to the Companies, but to the Shopping Centres and/or their Partners and that the prices of these products are informative and may undergo unannounced changes, for which the Companies do not assume responsibility. The promotions, offers, gifts, benefits presented in the Application also belong to the Shopping Centres and/or Partners of the Companies and are valid during the period of time expressly mentioned and/or if no period of time is mentioned, they are valid within the limits of available stocks; the Companies do not assume any responsibility in relation to them. Also, if the products promoted within the App and/or the promotions, offers, gifts, benefits are offered by the Partners of the Companies, neither the Companies nor the Shopping Centres assume any responsibility in relation to them.

10.7      The User understands that the Companies shall not be liable for any loss, costs, suits, claims, expenses or other liabilities, if they are directly caused by the breach of these Terms and Conditions.

10.8 The User understands that if prices or other details of products/promotions of the Shopping Centres and/or Partners of the Companies have been wrongly displayed, including because they have been wrongly entered into the database, the Companies reserve the right to modify the promotion as communicated by the Shopping Centres and/or their Partners, without liability, and to notify the User as soon as possible of the error.

10.9      The User understands that the images are presented in the Application as an example, and the products delivered by the Shopping Centres and/or the Companies’ Partners may differ in any way, both in terms of image and due to changes in characteristics and design, without the Companies’ liability.

10.10      The Companies do not guarantee optimal use of the App except through iOS and Android operating systems. However, the App may not be compatible with all types of mobile devices running these operating systems. The Companies do not assume any liability if the Application cannot be installed on the User’s mobile terminal or cannot be accessed or used in respect of all its functionalities.

10.11      The Companies shall not be liable for (i) any error or omission occurring in the Application; (ii) any failure, delay or interruption occurring in the Application; (iii) any loss or failure arising from the use of the Application, including, but not limited to, any failure of the User’s mobile terminal; (iv) any manner of using the Application.

10.12   The Companies shall not be liable for any indirect or incidental damages arising out of the use of or inability to use the Application nor for loss of use or any special or consequential loss of any nature whatsoever arising out of or in connection with the Application or these Terms and Conditions, whether or not the possibility of loss has been mentioned.

10.13   The Companies shall not be liable for non-performance due to force majeure and fortuitous event. Force Majeure will be considered to be an unforeseeable and insurmountable event for the Company. Such an event may be, for example: war, violent human action, expropriation, power outage, labour dispute, fire, storm or other extraordinary phenomena. A fortuitous event is an event that can neither be foreseen nor prevented by the Company.

11.   Waivers and assignments

11.1      Situation in which the Companies do not act immediately for the realisation of a right of theirs shall not be interpreted as a waiver of that right or its realisation.

11.2      If any provision of these Terms and Conditions is found to be invalid or ineffective, the remaining provisions shall not be affected thereby and shall remain in full force and effect and shall be construed to the fullest extent permitted by law.

In the above case, the invalid or ineffective provision will be replaced by another, legally acceptable provision, which will produce legal effects as close as possible to the intention of the Companies. The above also applies to omissions.

11.3      Users may not assign any or all of their rights and obligations under these Terms and Conditions.

11.4      Companies may assign their rights to any of their subsidiaries or affiliates, or to other entities in their Group, or to any successor in rights associated with the Application.

12.   Breach of these Terms and Conditions

12.1      Without prejudice to the Companies’ other rights under these Terms and Conditions, if Users breach these Terms and Conditions in any way or if the Companies reasonably suspect that they have breached these Terms and Conditions, the Companies may take any of the actions set out below:

a.   send Users one or more formal warnings;

b.   temporarily suspend Users’ access to the Application;

c.   disable the User Account in the App;

d.   permanently prohibit Users from accessing the Application;

e.   block access to the Application for technical devices using the IP address of the User;

f.    contact one or all of the User’s Internet service providers to request that they block the User’s access to the Application;

g.   initiate legal action against Users, whether for breach of these Terms and Conditions or otherwise.

12.2      If the Companies suspend, prohibit or block the User’s access to the Application or any part of the Application, the User shall not take any action to prevent such suspension, prohibition or blocking.

13   Governing law and jurisdiction

13.1      These Terms and Conditions or any claim, dispute or controversy between the User and the Companies arising out of or relating to these Terms and Conditions, their interpretation or application, or relating to the Application, advertising or any activity related thereto shall be governed by, construed and resolved in accordance with the laws of the Republic of Croatia.

13.2      An attempt will be made in advance to resolve any dispute in connection with these Terms and Conditions amicably within 15 working days from the date of the User’s written notification of the problems. If the parties fail to reach an agreement on the dispute, such dispute shall be addressed for resolution to the competent Croatian court.

14.   Miscellaneous

14.1      Users can contact us both in writing by mail or e-mail to send us feedback or report errors/usage problems with the Application at the contact details mentioned below:

Mail - NEPI Rockcastle – Calea Floreasca 169A, AFI Floreasca Business Park, A Building, 5^th Floor, 1^st District, Bucharest, Romania

E-mail – supporthr@myspot.space

14.2      The Companies reserve the right to make changes at any time to the Terms and Conditions and/or the Privacy Notice, as well as to the operation of the Application.

Changes to these Terms and Conditions and/or the Privacy Notice will become effective on the date of publication on the Application.

Users are advised to periodically check these Terms and Conditions and the Privacy Notice for changes.

If the User does not wish to accept these Terms and Conditions and the Privacy Notice, including any modifications and/or additions thereto, the User must stop using the Application.

Annex 1 – full list of NEPI Rockcastle Group companies

Alfa Centrum Bialystok, Poland

Arena Centar and Arena Park, Croatia

Arena Mall, Hungary

Aupark Kosice Mall, Slovakia

Aupark Shopping Center Piestany, Slovakia

Aupark Zilina, Slovakia

Aura Centrum, Poland

Bonarka City Center, Poland

Braila Mall, Romania

City Park, Romania

Copernicus Shopping Center, Poland

Focus Mall Piotrkow Trybunalski, Poland

Focus Mall Zielona Gora, Poland

Forum Gdansk Shopping Center, Poland

Forum Liberec Shopping Center, The Czech Republic

Forum Usti Nad Labem, The Czech Republic

Galeria Mlyny Shopping Center, Slovakia

Galeria Tomaszow, Poland

Galeria Warminska, Poland

Galeria Wolomin, Poland

Iris Titan Shopping Center, Romania

Karolinka Shopping Center, Poland

Korzo Shopping Centrum, Slovakia

Mammut Shopping Center, Hungary

Mega Mall, Romania

Ozas Shopping and Entertainment Center, Lithuania

Paradise Center, Bulgaria

Pitesti Retail Park, Romania

Platan Shopping Center, Poland

Ploiesti Shopping CIty, Romania

Pogoria Shopping Center, Poland

Promenada Craiova, Romania

Promenada Mall, Romania

Promenada Novi Sad, Serbia

Promenada Sibiu, Romania

Serdika Center, Bulgaria

Severin Shopping Center, Romania

Shopping City Buzau, Romania

Shopping City Deva, Romania

Shopping City Galati, Romania

Shopping City Piatra Neamt, Romania

Shopping City Ramnicu Valcea, Romania

Shopping City Satu Mare, Romania

Shopping City Sibiu, Romania

Shopping City Targu Jiu, Romania

Shopping City Targu Mures, Romania

Shopping City Timisoara, Romania

Solaris Shopping Center, Poland

Vulcan Value Center, Romania

Regional Strip Centers, Romania

Annex 2 – full list of Partners

 A1

adidas

ALDO

ALE-HOP

Angels Never Die

aOra

Argentum

Armani Exchange

Baby Center

Balon Centar

Belami

Belodore

Benetton

Benetton Kids

Bershka

bio&bio

Blukids

Boogie Lab

Borboleta

BOSS

Burger King

Buzz

C&A

Café Latte

Calvin Klein Jeans

Calzedonia

CCC

Champion

Charm Silver

Chipoteka

Ciciban

CineStar Arena IMAX

comma

Converse

Cordis

Croata

Crocs

Cropp

Čušpajz&Faširanac i Gyotaku sushi

De'llure

Deichmann

Denis

DermaCare

Desigual

Dicta

dm

Douglas

Ecco

Elipso

Europa 92

Exclusive Change

Family

Farmacia

Fashion&Friends

Fast Fruit

Fina

Foodie

Froddo

Galileo

Game World Casino

GAP

Geox

Ghetaldus

Gligora

GNK Dinamo Fan Shop

Guess

H&M

Hamzić / Demig

Harissa

Heraldi for Men and Women

Heta 1892 – Festina

Hoću knjigu

House

HP Brand Store

Hrvatska Lutrija

ICON.

Idexe

Instar Centar

Interspar

Intersport

Intersport Arena Park

Intimissimi

Intimissimi Uomo

IQOS SERVICE POINT

iRobot

Iskon Internet

iSTYLE

IZIPIZI

Javni bilježnik

Joie

JYSK

Kamena Duga

KFC

Kicks and Heelz

Kiehl’s

Kik

Kiko Milano

Koko Kids Store

Kopitarna

Koykan

Kupilek

L’Occitane

La Turka

Lacoste

LC Waikiki

Leggiero Bar

Leggiero Loft

Lego Store

Lemia

Lenovo Store

Levi’s

Lisca

Liu Jo

Lorca Bar

Lush

M·A·C

Magic Baby

Mango

Maras

Mark Pjetri

Mass

Massimo Dutti

McDonald’s

MEX

Mi Store

Mobia

Mobile Outfitters

Mohito

Müller

Mustang / LTB

Napapijri

Nespresso

New Yorker

Nike

Office Shoes

Optika Anda

Orange Point

Orsay

Palmers

Pandora

Parfois

Parilica

Pasta Fasta

PBZ

Peek & Cloppenburg

Pek Snack

Pepco

Pepe Jeans

Pinko

Polleo Sport

Prahir

Pull&Bear

Radiona Graver

Replay

Reserved

Reserved Men

s.Oliver

Samsung Customer Service

Samsung Experience Store

Sancta Domenica

Scotch & Soda

ShoeBeDo

Shoetique

Simple

Sinsay

Sizeer

Skechers

Snipes

Spar To Go

Sport Vision

Sportina

Starwash

Stradivarius

Submarine

Swarovski

T-Centar

Ted Baker

Telemach

Terranova

Tezenis

The Body Shop

The North Face

Timberland

Tisak

Tom Tailor

Tom Tailor Denim

Tommy Hilfiger

Torterie Macaron

Triumph

Tunaholic

U.S. Polo Assn.

Under Armour

Vans

Varteks

Vitapur

Watch Centar

Wok & Roll

Women’secret

XYZ Fashion Store

Yamamay

Zaks

Zara

Zara Home

Zara Men

Zlatarna Celje

Zoo City

Zoo City XXL