Last Updated: 21 May 2015

1. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS



By accessing or using any of our websites, our loyalty programme or our mobile application (collectively the 'Services') accessible through various media and devices and made available by Espace Expansion ('We'), you accept and agree to abide by these terms of use (the 'Terms and Conditions') to which you are bound. These Terms and Conditions have the force of a binding agreement. If you refuse to accept one or more of them, please refrain from accessing or using the Services.

These Terms and Conditions apply to some Services, with the proviso that some may be subject to additional clauses (see below 'specific clauses applicable to our Loyalty Programme Service' and 'Specific Provisions applicable to geolocation').

Please note: we may provide services outside of these Terms and Conditions which are subject to their own terms and conditions (for example, the gift cards that we offer are governed, where relevant, by special conditions ).

The services are for users aged 18 and older.

2. REGISTRATION AND ACCOUNT



Access to the loyalty programme and / or some of our services via our mobile apps or our websites may require you to create an account with us. You agree voluntarily to create an account and provide us with the required personal data and information.

When creating your account with Us, you must follow all the relevant registration procedures. The following options are available:

·        create an account by using the credentials of the loyalty card issued by Us in your name (enter the code which appears in the bar code of the loyalty card or scan the barcode) and by confirming your personal data (full name, date of birth, address, post code, gender, telephone number and email address); or

·        create an account by providing Us with the requested data (name, email address, date of birth, address, post code, gender and phone number) and choose a password; or

·         create an account using your Facebook, Google or Twitter account.

In any event, you agree to provide Us with accurate and complete information, as well as to update it if necessary.

Once created, the account will automatically be linked and associated with any loyalty card that We have issued to you before the account was created.

If, at the time of opening your account, you do not hold a loyalty card issued by Us, the creation of this account will automatically trigger that of a loyalty card withUs.You acknowledge that the programme and the loyalty card are personal and reserved for your own non-commercial use. They are not transferable and the loyalty card is not a payment card. You agree that We are free to change the loyalty programme, to suspend or terminate it at any time for whatever reason.

To access the account, you will be asked, if you chose to use your Facebook, Google or Twitter account, to use your Facebook, Google or Twitter password to log in. In all other cases, you be asked to sign in with your email address and a password of your choice.

You agree to notify Us immediately of any unauthorised use of your account to access the Services by sending Us an email to the following address:lesquatretemps.direction@unibail.fr   

If all you want is to subscribe to our loyalty programme without creating an account with Us for other services offered through our mobile apps or websites, or want to have a physical loyalty card, please see the specific provisions below on creating loyalty cards ('Specific clauses applicable to our Loyalty Programme Service').

3. EXTERNAL LINKS AND CONTENT



We may offer hyperlinks from our Services, or communications received by you from the Services to third party websites or third party Internet sources beyond our control.

You expressly acknowledge that under no circumstances will We be liable for any information, content, products, services or materials available on third-party websites or from third-party Internet sources, or any damage, alleged or real, arising from access to or use of this information, content, products, services or materials available on third-party web sites or from third-party Internet sources.

4. DATA PROTECTION AND PRIVACY



If you use the Services, you are requested to provide Us with your personal data and information to provide you with Services requiring you to log in so that we can provide a better service. Some information is required for service provision and management, while other information enables Us to know you better and better adapt our Services to your needs.

You have rights of access, rectification and opposition to the use of your personal data that may be exercised in accordance with the legislation in force by contacting Us with a copy of your ID card, at the following address: lesquatretemps.direction@unibail.fr

The personal data you have provided to Us may be transferred to our partners or subsidiaries, safe service providers, legal or regulatory authorities and any transferee company. We protect the confidentiality of your data processed by us and other recipients, and protect them against unauthorised access, loss or destruction.

Please note that your consent will be required for certain forms of processing (i.e. sending promotional materials that we feel may interest you, collecting geolocation data and combining data).

For further information about protecting your privacy and how We process your personal data, please refer to our Privacy Policy available at the following address:http://www.les4temps.com/W/do/centre/politique-de-confidentialite

5. INTELLECTUAL PROPERTY



5.1 Our Content



The Services, which include all software used in connection with the Services and all of its contents (including but not limited to, text, editorial content, databases, layout, operating systems, photographs, images, graphics, videos, sounds, maps, logos, trademarks, information and all elements of any nature which make up the Services) (collectively, the ' Contents ') are protected by applicable laws on author's rights, copyright, trademarks and service marks, patents or other proprietary rights, and belong to Us, are controlled by Us, or have been licensed to US.

We grant you a personal, non-exclusive, worldwide, non-transferable, limited and revocable right to use the Services on a strictly personal basis on any computer or mobile device for the duration of your use of the Services.

Unless otherwise provided in these Terms and Conditions, the Services or the Content may not be copied, shown, reproduced, reused, republished, posted, publicly displayed or performed, transmitted, adapted, translated, used to create derivative works, sold, assigned, sub-licensed, reverse engineered, removed completely or partially or distributed by any medium whatsoever, in whole or in part, subject to the legislation in force.

Any breach of these terms constitutes a violation punishable by civil and / or criminal sanctions. We, or our licensors, reserve the right to prosecute anyone failing to abide by these terms.



5.2 Your Content



You are free to create, post, upload to, contribute, submit or make available through the Services all information, text, editorial content, photos, graphics, videos, sounds, messages, logos, brands and all elements of any kind that you submit, share or store when you use the Services (collectively ' Your Content ').

You maintain ownership of Your Content and keep all other proprietary rights held by you over it. By generating, posting, uploading, providing, submitting or holding available Your Content through the Services, you, however, agree to grant Us and to grant our subsidiaries a worldwide, royalty-free, non-exclusive, sub-licensable and transferable licence to use, reproduce, represent, publicly display, publish, adapt, reformat, operate and translate Your Content in any medium whatsoever in relation to Services within the limits stipulated by current legislation. This licence shall remain in force for a period of one year after the termination of your account for any reason.

6. YOUR RESPONSIBILITIES



6.1 Content and User Conduct



The features of the Services allow you to share your content and your information through the Services, including sharing information on social networks. In all circumstances, however, you are, and will remain, solely responsible for the use of the Services and all of Your Content.

You agree not to make use of Your Content or the Services for any illegal or improper purpose, including but not limited to:

·         posting, supplying, providing, uploading, submitting or any other action to the Services any part of Your Content that is contrary to public order and morality, unlawful, threatening, harassing, to varying degrees, violent, offensive, harmful to others, tortious, defamatory, obscene, libelous, offensive, pornographic, invasive of another's privacy, hateful, racially or ethnically discriminatory or otherwise objectionable, or promote or encourage illegal activity;

·         posting, supplying, providing, uploading, submitting or any other action to the Services any part of Your Content that violates any laws or regulations or infringes third-party rights, including all copyright, trademarks, trade secrets, patents, intellectual property rights, privacy rights, advertising rights, other personal or proprietary rights;

·         posting, supplying, providing, uploading, submitted or any other action all advertising messages, promotional materials, unsolicited or unauthorised advertising, or any other form of solicitation, through the Services;

·         using any viruses, time bombs, cancel bots, malware, worms, malicious code, defects, Trojan horses, corrupted files whatsoever or any other computer code, file or program designed to disrupt, destroy, limit or compromise the proper functioning of the Services, servers or networks associated with it;

·         harming or attempting to harm children in any way;

·         creating a false identity for the purpose of misleading others;

·         using technologies and automated systems such as 'bots', 'spiders' or 'crawlers' or any other means of collecting unauthorised content or non-public areas, or of accessing them;

·         using data-mining tools, robots, or similar tools for data collection and data mining;

·         trying to test, probe or analyze the vulnerability of any system or network associated with the Services or to breach security or authentication measures;

·         advertising for any goods or services or offering to sell or purchase any goods for commercial purposes.

Your Content placed on the Services entails no oversight on our part. However, We reserve the right, but assume no obligation, to conduct a review of Your Content and delete or erase, at our sole discretion, any part thereof that does not conform to these Terms and Conditions. We do not monitor communications between users via the Services, nor restrict them.

You expressly acknowledge that, through access to the Services, you may receive or be exposed to content, goods or services you might find incorrect, inaccurate, misleading, defamatory, obscene or otherwise offensive. To the extent that applicable laws permit, you agree that We shall in no event be held responsible for any action concerning any of said content on the Services. If, however, you identify illegal content, please report it by writing to Us at the following address:lesquatretemps.direction@unibail.fr

Failure to comply with these Terms and Conditions may result in a warning and / or the suspension or immediate termination, without notice, of your account, without prejudice to legal actions that may be brought.



6.2 Your responsibility



You assume full responsibility for keeping the passwords and identifiers of your account confidential. We are not responsible for any consequences of the use of your account by unauthorised third parties. All activity on your account is also your responsibility. We encourage you to choose a strong password and change it regularly to reduce the risk of unauthorised access to your account.

You are and will remain in all circumstances solely responsible for Your Content transmitted to the Services, your use of the Services and all activities undertaken on your account. It is, therefore, your responsibility to properly configure Your Content and take all appropriate measures to ensure the security, protection and appropriate safeguarding against all attacks of it and of your own data and / or software stored in your computer and / or mobile device.

You understand and agree that you access, download or otherwise obtain information or data elements via the Services at your own discretion and risk, and you are solely responsible for all damage to your computer system or loss of data that results from the download of any such information, elements or data.

It is your responsibility to provide all the equipment (including computer, mobile device, etc.) required to access the Services and to use it in compliance with applicable laws and regulations, including, but not limited to, laws relating to intellectual property rights.

7. OUR RESPONSIBILITIES



The Services provided by Us are for information purposes only. While every reasonable effort is made to ensure the accuracy, completeness and timeliness of the Content of the Services at present, the Services are provided by Us subject to availability without any warranty. You expressly agree that use of the Services is at your own risk.

To the fullest extent permitted by law, we are not responsible for (i) losses, damages or consequences of any order arising from any use of the Services or their contents, or Your Content posted by you on the Services; or (ii) to you in the case of damage or indirect loss(es) and all immaterial damages or damages due to loss of profits, revenue, use or data resulting from the use or operation of the Services.

You expressly acknowledge that (i) the Services are not free of errors or viruses; (ii) connection to the Services involves risks inherent in any connection and any transmission on the Internet and mobile networks, in particular with regard to the speed of data transfer, response time to requests for information and consultations and technical performance; (iii) We have no control over third-party networks or web sites which you might access through your use of the Services; (iv) We will not be held responsible for loss of data, failure to store, misdirected or late arrival of any data or material through the Services; and (v) We give no warranty, express or implied, including of merchantability / satisfactory quality content and services or suitability of these to a goal or need.

8. SPECIFIC CLAUSES APPLICABLE TO OUR LOYALTY PROGRAMME SERVICE AND OUR PHYSICAL LOYALTY CARD



Our loyalty programme is free of charge and includes offers, promotions and information, according to the most comprehensive description on our website, and ensures that you benefit from these.

To take advantage of our loyalty programme, you must create a specific account with Us as described below. If you wish to receive a dematerialised version of the loyalty card and / or other Services that we offer through our mobile apps and websites, including the loyalty programme, please refer to the 'Registration and account' general clauses above.

Our programme and physical loyalty card are made available upon request through one of the following options:

·         the shopping centre: (i) go directly to the shopping centre reception; (ii) fill in the appropriate form with the requested information; (iii) the receptionist will issue your personal loyalty card and hand it to you on the spot; or

·         through our web site: (i) visit our website and complete the registration form for the loyalty programme that you find there or use your Facebook, Google or Twitter account; (ii) you will be assigned an identifier which is sent by email; (iii) after printing this email, take it to the reception of the shopping centre concerned; (iv) the receptionist will issue your personal loyalty card and hand it to you on the spot.

If, once the card has been issued, you decide to take advantage of our other services or want a dematerialised version of the loyalty card, please refer to the 'Registration and Account' general clauses above, in particular how to create an account using references from the loyalty card already issued to you by Us.

In any event, you agree to provide Us with accurate and complete information, and to update it when necessary.

You acknowledge that the programme and the loyalty card are personal and reserved for your own non-commercial use. They are not transferable and the loyalty card is not a payment card. You assume full responsibility for keeping the passwords and identifiers of your account confidential. We are not responsible for any consequence arising from the use of your account by unauthorised third parties. All activity on your account is also your responsibility. You agree to notify us immediately of any unauthorised use of your account to access the Services by writing to us at the following address: lesquatretemps.direction@unibail.fr

You agree that We are free to change the loyalty programme or to suspend it at any time for whatever reason.

The system embedded in the loyalty card is based on RFID (Radio Frequency IDentification) technology. RFID uses electromagnetic fields to transfer data for the identification and automatic tracking of labels attached to the loyalty card. However, if this process does not suit you, please use the dematerialised version of the loyalty card available through our mobile application.

9. SPECIFIC PROVISIONS APPLICABLE TO GEOTAGGING



9.1 'Meet My Friends' Service



Through some of our mobile applications, we offer a Service called 'Meet My Friends'. This Service is available provided you have created an account with Us and only via your mobile device. For further information on registration, please refer to the 'Registration and Account' general clauses above.

The 'Meet My Friends' Service allows its users to share their location within our shopping centre with friends also using the 'Meet My Friends' Service. Users can browse the shopping centre separately knowing where their friends are, and then meet at a specific location or suggest a meeting point. Furthermore, thanks to the 'Meet My Friends' Service, you will occasionally be able to locate some of our employees or suppliers responsible for specific assignments in the shopping centre (e.g. personal shopper assistants, chefs responsible for cookery classes).

Your location on the map requires the activation of Bluetooth on your smartphone. If you simply want to view the map and check the location of your contacts, Bluetooth does not need to be activated.

During your first connection to the ' Meet My Friends ' Service, we will seek your agreement to enable geotagging and location-sharing on your mobile device.

If you agree, geotagging your mobile and sharing your location data will take effect immediately and for all future connections, unless you use the 'visible / invisible' feature, available directly on the card to temporarily change your geotagging settings. You can also at any time permanently deactivate geotagging in your profile settings.

If you used your Facebook, Google or Twitter account to create your account with Us, you will be able use this social network to locate contacts who are also users of the 'Meet My Friends' Service and ask them to share their respective locations.

Please note that by default, a user of the 'Meet My Friends ' Service is visible to all others. It is possible to configure all the location-sharing rules through your accounts by choosing one of the following options:

·        be visible to all other users of the 'Meet My Friends' Service; or

·        be visible only to your contacts; or

·        be visible to no other user of the 'Meet My Friends' Service.

The privacy settings that you have set will be saved and applied each time you use the mobile application. Moreover, you will, at all times, have direct access to a 'visible / invisible ' option on the map where you can temporarily change the privacy settings for the duration of that particular session.

You will not be able to share your location outside of our shopping centre. The location option is enabled solely by the beacons installed in the public areas of the shopping centre.

In view of the foregoing, you expressly agree that certain features of the ' Meet My Friends ' Service are based on geolocation data and in particular the location of your mobile device within our shopping centre.

Therefore, for the purposes of providing the Services, it may be that certain features of the 'Meet My Friends' Service require your location data to be transmitted to Us and shared with all other users of the Services or only with your contacts, according to your Service configuration mode.

If you consent to the geolocation of your mobile and the sharing of your location data, you agree to use and share your location data with other users as indicated above as well as with third parties. For further information, please refer to our Privacy Policy available at the following address:http://www.les4temps.com/W/do/centre/politique-de-confidentialite

Other services

Subject to your prior consent, information regarding your position within our shopping centre may be collected and processed by Us when you log in on our mobile applications for the purpose of measuring the frequency and duration of your visits and the routes you take through the shopping centre. Based on frequency, duration and these routes, We will grant you, subject to your prior consent, loyalty benefits and promotional materials.

The first time you sign in on our mobile app, We will seek your agreement to enable geotagging on your mobile device. . If you agree, geolocation will immediately take effect for all subsequent connections on our mobile application, and for all future visits to our shopping centre. You will be able to disable the geotagging on your mobile device at any time through the settings.

If you consent to the geotagging of your mobile and the sharing of your location data, you agree to use and share your location data with third parties. For further information, please refer to our Privacy Policy available at the following address: http://www.les4temps.com/W/do/centre/politique-de-confidentialite

10. TRANSFER



You authorise Us to transfer, assign or delegate to any third party any rights and obligations due to or borne by Us under these Terms and Conditions.

11. SEVERABILITY



In the event that any part of these Terms and Conditions should be declared invalid, null or unenforceable for any reason, it shall be deemed severable from the remainder of these Terms and Conditions which, themselves, remain fully in force.

1. UPDATING THE GENERAL TERMS AND CONDITIONS



We will have the right to revise or update these Terms and Conditions from time to time. Any changes thereto will enter into force when the revised Terms and Conditions are posted on the Services. If We introduce the changes that we deem to be important and require your consent in accordance with the law, We will notify you via the Services and will ask for your agreement if applicable.

13. APPLICABLE LAW AND JURISDICTION



These Terms and Conditions are governed by the law of the country of registration and lie within the exclusive jurisdiction of the courts of the same country.