Terms and Conditions

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

“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’ Commercial 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.

“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;

“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.

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

“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

“Shopping Centre” - means the shopping centre owned by some of the Companies and and for which the user chooses to use the application and have access to the content and loyalty program. Shopping Centers 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.

“Events” - means the list of events organised by the Shopping Centres.

“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 enroll in the Loyalty Program developed through the Application.

“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/

“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

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

“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)

“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 manage his preferences in relation to the Application, as well as his personal information.

"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

„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 10 friends to onboard the App, the User will receive 50 loyalty points. The User can receive for a maximum of 10 friends per month, with a maximum of 120 friends per year. Also, the User will earn a total of 100 loyalty points when the first 10 maximum friends submitted monthly to whom they have recommended the App scans their first receipt, with the mention that these 100 points are awarded only once per month.

„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 (Select, Premium, Elite); 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;

The chosen main Shopping Center ( favorite), cand be changed only once a year by requesting the support team at support@myspot.space email.

„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” – means the 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 - means the different ways in which users can spend points, accumulate points as well as details about the benefits of using the SPOT application. Check section -> see 7.4 for details.

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, but for certain campaigns and promotions organized in the application, the organizer may request a minimum age of 16 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 validates the phone number sent through the form in the application by entering the PIN code provided via SMS to the declared phone number;

g) 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, Google 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.

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 Google, Apple ID or Facebook, the App will have access to the public Facebook profile, according to the privacy settings specific to these platforms, as well as to the email address. The companies do not assume any responsibility for the functioning of these applications or for any technical errors that may be generated by the connection with these applications.

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 to MySpot Loyalty Programme.

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 24 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 24 months as of their data or receivement.

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 - https://myspot.space/mall-content/pages/articles/privacy-policy

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 Romanian law.

6.6. The Companies/Trade Centers/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 owned by the Companies and appear in the Application, are the property of the Shopping Centres and/or 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: support@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 and , more specifically, in Loyalty Programme My SPOT regulation applicable for each shopping center individually.

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. ’HOME’ section which is displayed when the application is opened – “Homepage app”

- Choose current mall: SPOT app is available in all NEPI Rockcastle malls, and users can see info about each of them, by changing current mall.

- Members details: basic information about the users level and existent points in his account.

- Scan receipt and accumulate points: offers all details about the scan mechanism and its functionality:

· 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

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 or 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 Centers 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’ Commercial 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, if the conditions stipulated in these Terms and Conditions and in the Regulations applicable to the shopping center are met.

- Are you in mall? Check-in and add loyalty points - 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

- Spend points and get rewards: the user will be redirected in the ’Rewards’ detailed below

- Access your benefits: redirect to the benefits section details below

- Invite your friends: 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 receipt, you will also receive loyalty points.

- Trending: the section in which are presented offers and events of the currently selected mall

- Top Brands: the most attractive brands of the currently selected mall

B. ’STORES’ Section: are presented all stores in the currently selected mall , with info about the schedule and their positioning.

C. ’My SPOT’ section which represent the loyalty programme:

- My points: the total number of points the user has gained

- Transaction history: receipts scanned in app, the number of points gained until now and the number of points used in app

- Access your benefits: All benefits offered to SPOT users in currently selected mall.

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.

- Spend points and get rewards: 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. The user can redeem the following with points:

· gift purchase and gift vouchers

· access to exclusive events

· private shopping sessions

· private styling advice sessions

· payment of the parking in malls where the feature is available.

The Shopping Centres and/or the Companies’ Commercial Partners may at any time modify the gift offer and benefits in the “Spend points and get rewards” section and ”My benefits” 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.

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 anded over by the Partners.

Participation in loyalty programs to obtain gifts does not involve any additional fee/expense for Users. The user will bear any costs/expenses of receiving the gifts.

- Accumulation of points: all options in which points can be earned.

· 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

· Scanning receipts issued by the stores in the mall

· Online payment parking ticket

· Participant in mall campaigns where the prize consists in loyalty points and/or guaranteed prizes

· Surveys – a user completes the surveys made available per mall or event and receives points after completing it.

· Cinema tickets reservation – a user can reserve tickets to Cineplexx cinemas in the malls where these are present. Tickets are reserved through the SPOT app and will be paid at Cineplexx cash registers at least 30 minutes before movie starts.

Users may not lend the points collected to other Users or transfer them from one Account to another Account. The user cannot change the points collected into money.

Shopping Centres and/or the Companies' Commercial Partners reserve the right to deduct points that Users have fraudulently obtained.

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.

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 or by email/sms.

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.

- Scratch and Win: scratch cards given to the user in case of participating in ’Scratch and Win’ type campaigns

- About SPOT: General information about the loyalty programme and loyalty regulation applied by each Shopping Centre

D. „Parking benefits” Section – section available for certain malls where functionality is available. It will be showed on the screen only if the current mall selected owns this functionality.

Through this functionality, the User can perform the following operations:

- Vizualization of the number of parking spaces available in a certain Shopping Centre, by levels, availability expressed both as a percentage and numerically.

- In order to benefit from the free parking hours referred to in the Shopping Centre regulations, the User must scan the parking voucher 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 either by using points or by card payment

- To pay a parking voucher, the user needs to scan the receipt and select the wanted method of payment.

Parking rates are available on the Shopping center website.

In case of Loyalty SPOT Points payment , parity is 1 RON = 100 SPOT points.

E. ’More’ section: offers access to multiple info about campaigns and the shopping center.

About us:

- Tickets to cinema: posibility of reserving tickets in Cineplexx network, like it is described above;

- Mall hours: stores schedules;

- How to get there: redirect to other external interactive maps applications;

- Contact us: contact details for the currently selected mall and SPOT app;

- Surveys: presentation of active and closed surveys for the currently selected mall.

Settings:

- Change language: the way by which a user can change the language in which the information is displayed in the app

- Give us your feedback: the way in which the user can award stars from 1 to 5 depending on how useful the user finds the application and receives 50 points in the application.

- Frequestly Asked Question: answers to most frequent asked questions

- Privacy Notice

- Terms and Conditions of using SPOT APP

8. Managing Users Account and preferences

8.1. Through my Account in App section, the user has the following choices:

- to edit the personal data provided at the time of creating the account, respectively: first name, last name, date of birth, password.

If the user chooses to change the phone number registered in app, the new phone number must be validated by entering in app the PIN code sent via SMS to the new phone number.

- To change the favorite Shopping center

- To modify marketing consents, as well as any other permissions granted at the time of installing app ( permission to use the location,

permission to use the camera, permission to receive notifications, permission to use mobile data, etc.);

- Log-out.

8.2. Users can consult the following documents: Information note on processing of personal data, Regulation, Terms and Conditions, List of partners, Group commercial centers by accessing ’More’ section, available by pressing the tab situated at the bottom right of the application interface.

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. The use of erroneous or false personal information may lead to the blocking of the User account according to the provisions of the Regulations and of these Terms and Conditions.

9.4. 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.

9.5. 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.

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.

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.

10.2. 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.

10.3. 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.

10.4. 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 Centers 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.

10.5. 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.

10.6. 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.

10.7. 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.

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.

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.

10.8. 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.

10.9. 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.

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.

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 Romania.

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 Bulgarian 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 – support@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.

Anexa 1 – List of Shopping Center part of the loyalty programme

Mega Mall Bucuresti

Promenada Bucuresti

City Park Mall of Constanta

Shopping City Timisoara

Shopping City Satu Mare

Shopping City Targu Mures

Shopping City Sibiu

Promenada Sibiu

Shopping City Deva

Shopping City Targu Jiu

Severin Shopping Center

Shopping City Galati

Braila Mall

Shopping City Piatra Neamt

Promenada Craiova

Mall City Buzau

Pitesti Retail Park

Anexa 2 – List of Partners

Lists available:

Mega Mall Bucuresti – Check Stores and Services

Promenada Bucuresti - Check Stores and Services

City Park Mall of Constanta - Check Stores and Services

Shopping City Timisoara - Check Stores and Services

Shopping City Satu Mare - Check Stores and Services

Shopping City Targu Mures - Check Stores and Services

Shopping City Sibiu - Check Stores and Services

Promenada Sibiu - Check Stores and Services

Shopping City Deva - Check Stores and Services

Shopping City Targu Jiu - Check Stores and Services

Severin Shopping Center - Check Stores and Services

Shopping City Galati - Check Stores and Services

Braila Mall - Check Stores and Services

Shopping City Piatra Neamt - Check Stores and Services

Shopping City Ramnicu Valcea - Check Stores and Services

Vulcan Value Centre - Check Stores and Services

Promenada Craiova - Check Stores and Services

Mall City Buzau - Check Stores and Services

Pitesti Retail Park - Check Stores and Services