TERMS AND CONDITIONS OF USE OF THE “SPOT” MOBILE APPLICATION
1. General
The “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 “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 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 “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 (e.g: parking) 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 Centres 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 part of the Loyalty Programme developed through the Application, as mentioned in Annex 1
The list of companies can be updated as they register in 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 list of 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 marketing agreements (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 reward for purchases made in stores within the Shopping Centres participating in the programme. The complete loyalty programme rules ca 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 tenants, media partners, collaborators and event organisers.
The full list of Partners is updated quarterly and can be found in Annex 2
“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” 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 (except as indicated below in section “Accumulation of points”);
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 friends. Each time this code is used by the first 5 friends to onboard the App, the User will receive 100 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, VIP); 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 the 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.
My SPOT loyalty programme
Spending the Points
The User can redeem points in exchange for the following services:
• gift purchase and gift vouchers
• access to exclusive events
• private shopping sessions
• private styling advice sessions
• payment of the parking
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 Program, with the proviso that they are not entitled to register Receipts issued by the Seller with whom these employees are employed.
· Automatic Points accrual by synchronising a bank account with the Account in the Application
Spend points and get rewards
To collect a product/service purchased with loyalty points, the User accesses the “Spend now and get rewards” section, selects the product/service they wish to collect, then receives 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 communicated to the User via email; after this date they will expire and points will not be redeemed.
Benefits
Each Shopping Centre has its own Loyalty Programme Rules, presented to the User in the About section of the My SPOT Loyalty Programme section. Among the benefits that a Shopping Centre can offer to their customers are:
· Gift for reaching a higher loyalty level;
· Parking payment for an additional stay, between 1h and 3h, depending on the loyalty level reached;
· Discounts on purchases in certain shops: the User can see what discounts are available in the current Shopping Centre, for his/her level, in the About section of the loyalty programme. In order for the User to benefit from the discount, he/she must show the merchant the barcode displayed in the App for that shop.
· Access to exclusive events, private shopping sessions or private styling sessions;
Transactions History - is a section of the My SPOT loyalty module where the User can view the purchase history of gifts, vouchers or other events purchased/accessed with loyalty points.
Parking
Functionality through which the User can view the number of parking spaces available in a given Shopping Centre, by levels, availability expressed both as a percentage and numerically. Users can also pay for parking from the Spot App, either with loyalty points or by card. To pay for a parking voucher, the User must scan the parking ticket and select the desired payment method.
Functionality offered by selected malls.
3. Terms of use of the Application
3.1. 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.
3.2. 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 terminal;
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, 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.
3.3. 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
3.4. 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.
3.5. The User understands that these Terms and Conditions do not create rights for third parties.
3.6. 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.
3.7. The User can stop using the created Account at any time by deleting it.
3.8. 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 it finds that it 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.
3.9. If the Companies 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.
3.10. Earned points expire and will be invalidated if not spent within 14 months as of their receipt.
4. 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.
5. Processing of Personal Data
5.1. 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.
5.2. 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
6. Intellectual Property Rights
6.1. 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.
6.2. 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.
6.3. 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.
6.4. 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.
6.5. 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 is punishable under provisions of the relevant law.
6.6. 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.
6.7. 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.
6.8. 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.
6.9. 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: supportpl@myspot.space
6.10. Should the User violate the provisions of this Section 6, 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.
7. Access to the services of Shopping Centres and/or Partners offered through the App
7.1. 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.
7.2. 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.
7.3. 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.
7.4. Through the Application, as a logged in User, the User can access the following sections, as defined in the “Application Content”:
A. My SPOT loyalty programme
In My SPOT section, the User can view:
• How you can use My SPOT points: This section shows the list of gifts, vouchers and events present in the loyalty programmes of the mall selected on the first page of the Application. Points earned in one Shopping Centre can be used in another Shopping Centre.
• How you can earn points: this section shows all the options to collect points
• 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.
• My SPOT benefits
• My SPOT loyalty rules
• My SPOT level
Information about the level of loyalty reached and the next level
Information about the benefits you get in any of the Shopping Centres
General information about the loyalty programme
Rules applied by each Shopping Centre
Spending the Points
The user can redeem points in exchange for the following services:
• gift purchase and gift vouchers
• access to exclusive events
• private shopping sessions
• private styling advice sessions
• payment of the parking
Accumulation of points
The User can earn points by:
• Creating an account in the App (Sign up)
• Completing the profile
• Check-in - a User can check in at any of the Shopping Centres once a day. The registration of the visit can be rewarded with points, within the limits set out in the rules.
• Recommend the app to a friend - a User can send the invitation code to his/her friends and, each time this code will be used by someone when onboarding in the app, the User will receive loyalty points, within the limits set out in the rules. The first time your friends who have used your invitation code scan a voucher, you will also receive loyalty points.
• Scanning receipts
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.
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 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 Shop of a Shopping Centre will not be accepted.
As the automated receipt identification system only recognises tax receipts, and in order to prevent fraud, scans other than valid tax receipts will not be accepted. Scans of tax invoices, non-fiscal receipts or receipts with customer’s VAT ID, 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 48 working hours, 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 screen in the relevant section.
The number of given points already awarded to a given user may not be reduced because of such change.
The Shopping Centres and/or the Companies’ Partners may at any time modify the gift offer in the “Gifts” section of the App both in terms of the variety of gifts offered and the number of points associated with each gift, 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 that Users have fraudulently obtained.
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.
Automatic Points Accrual
As part of the MY SPOT Loyalty Program, the User can activate Automatic Points Accrual as a separate functionality of the Loyalty Program.
The provider of the Automatic Points Accrual functionality (service) is Spaycial/Transaction Connect, a French company with its registered office at 86, Rue du Faubourg St Denis 75010 Paris, registered in the commercial register of companies in Paris under number 822 619 185 (‘Transaction Connect’).
During Registration or at any time after Registration in the Program: a link shall be available in the User's Account to activate the Automatic Points Accrual function. If the User (“User who activated Automatic Points Accrual”) chooses to activate Automatic Points Accrual, then the provider of this service shall be Transaction Connect, to whom the User provides the following data: Bank / account type / other data that may be required by the Qualified Company branch, and agrees to synchronize their account with the Loyalty Account in accordance with the rules for the use of Automatic Points Accrual found at the following link https://tc-front.transactionconnect.com/resources/bcc/pl/CGU.pdf. The User undertakes to provide correct and complete information and to update such information with the necessary frequency. The User must activate the payment card in the Application every 90 days in order for Points to continue to accrue automatically under this functionality. The User will be remind about activation via email and push notification. If the User don’t reactivate the payment card during 10 days following after 90-days period indicated in the sentence above, then User will be downgraded from VIP membership to the membership level based on number of collected points. The details of how Automatic Points Accrual works are set out in the Terms of Use provided by Transaction Connect, available for download here: https://tc-front.transactionconnect.com/resources/bcc/pl/CGU.pdf
Once Automatic Points Accrual is activated, the User gains the title of VIP User.
The Automatic Points Accrual functionality is available and can only be activated during the My SPOT program period.
For the purposes of understanding and regulating Automatic Points Accrual, the following are defined:
a) Qualified Company - Banks qualified for the Program (meaning any company in Poland or a company with a permanent establishment in Poland) indicated in the list presented in Appendix 2 to the Regulations.
Please note: due to the discretionary powers of Transaction Connect (the entity responsible for the Automatic Points Accrual) in this regard, any company may be withdrawn from the list of Qualified Companies without entitlement to compensation or refund to the User arising.
b) Synchronized Account - means an account synchronized with the User's Account. The synchronized account may be a bank account.
c) Payment Method(s) - refers to the means(s) of payment(s) (i.e. payment card(s)) associated with the User's Synchronized Account. All Payment Methods associated with the User's Synchronized Account shall trigger Automatic Points Accrual insofar as the Purchase entitles the User to do so, and the User does not need to update their details in the event of a change in Payment Method (i.e. for example, if a new payment card is received).
Activating Automatic Points Accrual:
a) In order to activate Automatic Points Accrual, the User:
· must have an active Account and then
· must link their bank account to the Account and select the name of the provider (the Bank with which the User has an account), and then enter in the secure interface, the same username and password that the User provides when they connect to the secure interface to check their bank account, in accordance with the provisions of the applicable Payment Services Directive PSD 2, resulting in a synchronization.
Note: The User's bank (where the User has the bank account indicated by the User for synchronization) should be indicated in the list of Qualified Companies.
b) The User can earn additional Points by undertaking recommendation activities and by sharing information contained in the Application, including those dedicated exclusively to VIP Users.
c) Points on the Synchronized Account can appear up to 7 days after the Purchase is made in Shopping Centre.
d) Points for VIP User payments are automatically recorded on the Account after the Purchase is made from Vendors in Shopping Centre Premises, and the payment transaction is credited to the bank account.
e) If the VIP Account is not updated within 90 days from the date of synchronization or the last update, the User who pays for purchases in the Shopping Centre shall obtain points only for the period of synchronization of the Account.
f) In the case of a common bank account: one bank account may be synchronized with only one Account. At the same time, all Payment Methods linked to the joint account trigger the accrual of Points on the Account synchronized with the joint bank account.
g) If Automatic Points Accrual is activated, payments made from one bank account shall not be accepted under another loyalty account.
h) The same purchase can only be registered once and only within one account (there can be no situation in which the same purchase is registered in the Program by two different Users - such action shall be deemed a breach of these Regulations).
How to receive the gifts
In order to receive gifts in exchange for loyalty points, the User will select the preferred gift from the App in the “MY SPOT” section
If the User has enough points accumulated for the gift (product or service), he/she will select the gift from the “Spend now and get rewards” section and it will be reserved for the User. The user will receive a confirmation e-mail 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 set deadline communicated via e-mail; after this date they will expire and points will not be redeemed.
The staff who will hand out the gift/voucher or allow access to the event will ask the User to scan a QR code from the App and, after validating this, will hand out the gift to the User or allow access to the event to pick up the gift. Companies and/or Shopping Centres do not assume responsibility for the way in which gifts are offered, delivered or handed over by the Partners.
After claiming, all gifts collected can be viewed in the Transaction History section (My SPOT). Participation in the loyalty programmes to obtain gifts 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 section -> See your 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 programmes to obtain benefits does not involve any additional fees/expenses for Users.
Parking benefits
In order to benefit from the free parking hours referred to in the Shopping Centre regulations and/or Parking Regulation for particular Shopping Centre, the User must scan the parking ticket and the App will automatically calculate the amount of payment remaining after applying the number of free parking hours. The User can pay the remaining amount by using points.
8. USER’S OBLIGATIONS
8.1. In order to create the Account and use the Application, the User must provide complete, accurate and truthful information as required by the Application.
8.2. 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 provides.
8.3. 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.
8.4. 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.
9. LIMITATIONS OF LIABILITY
9.1. 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.
9.2. The User understands that the Companies have no control over:
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 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;
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. 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.
9.3. 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, and to notify the User as soon as possible of the error.
9.4. 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.
9.5. The Companies are not responsible for the lack of Internet access and/or interruptions in Internet access, which could result in the User interrupting the operation of the Application or the inability to use the products and services available and offered by the Partners through the Application.
9.6. The Organizer may request the presentation of the original receipts that have been uploaded to the Application or the Points have been automatically calculated accordingly. He may also request a statement on collecting Points in accordance with the Regulations. If the statement is not signed by the User, the Organizer has the right to refuse to issue the Prize.
10. WAIVERS AND ASSIGNMENTS
10.1. Situation in which the Companies do not act immediately for the exercise of a right of theirs shall not be interpreted as a waiver of that right or its exercise.
10.2. Users may not assign any or all of their rights and obligations under these Terms and Conditions.
10.3. 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.
11. BREACH OF THESE TERMS AND CONDITIONS
11.1. 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.
11.2. 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.
12. GOVERNING LAW AND JURISDICTION
12.1. 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 Republic of Poland.
12.2. 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 Polish court.
13. MISCELLANEOUS
13.1. 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 – Rockcastle Poland, ul. Twarda 4, 00-105 Warszawa
E-mail – supportpl@myspot.space
13.2. 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: List of malls
1. Alfa, ul. Świętojańska 15, 15-277 Białystok
2. Aura Centrum, Al. Piłsudskiego 16, 10-576 Olsztyn
3. Bonarka, ul. Kamieńskiego 11, 30-644 Kraków
4. Focus Mall Piotrków Trybunalski, ul. Słowackiego 123, 97-300 Piotrków Trybunalski
5. Focus Mall Zielona Góra, ul. Wrocławska 17, 65-427 Zielona Góra
6. Forum Gdańsk, Targ Sienny 7, 80-806 Gdańsk
7. Galeria Copernicus, ul. Żółkiewskiego 15, 87-100 Toruń
8. Galeria Tomaszów, ul. Warszawska 1, 97-200 Tomaszów Mazowiecki
9. Galeria Warmińska, ul. J. Tuwima 26, 10-748 Olsztyn
10. Galeria Wołomin, ul. Geodetów 2, 05-200 Wołomin
11. Karolinka, ul. Wrocławska 152/154, 45-837 Opole
12. Platan, plac Teatralny, 41-800 Zabrze
13. Pogoria, ul. Jana II Sobieskiego 6, 41-300 Dąbrowa Górnicza
14. Solaris, plac Kopernika 16, 45-040 Opole
Annex 2: List of banks qualified for the Program
Annex 3: List of partners
1. Tenants(Stores) of all malls included in Program
2. Golden Rocket Agency Dawid Prymas