Any consultation of the pages of this website, and, where applicable, the mobile application (hereinafter collectively the “Digital platform”), as well as subscription (newsletter subscription, CRM account creation,...) to the Klépierre platform, implies unconditional acceptance by the user of these terms and conditions. We draw attention to the fact that some of the services offered by the Digital Plateform have specific terms of use which supplement these general terms and conditions.

These Terms of Use are mandatory. In the event of refusal of one or more of the terms, no access or use of Service will be granted.

  1. Purpose of the Digital Platform

    The purpose of the Digital Platform is:

    - to provide general information about the regional shopping center and its brands, the loyalty program of the Klépierre platform ,[KC1] and other local loyalty programs that the shopping center can set up [KC2]

    - to enable users to subscribe to the loyalty program, to other loyalty programs that the shopping center can set up[KC3], and the Klépierre platform.

    - to allow users to participate in game contests organized by the shopping center and/or its partners

    No information contained on the Digital Platform in any way constitutes an offer to enter into a contract, an offer to purchase or an offer of sale, unless indicated otherwise.

  2. Access to the Digital Platform

    KLÉPIERRE MANAGEMENT cannot guarantee that the functioning of the Digital Platform will be uninterrupted and free from any errors. It is bound only by a best-efforts obligation (obligation de moyens) with regard to the operation and continuity of the Digital Platform and the services offered. KLÉPIERRE MANAGEMENT may not be held liable for any loss resulting from use of the Digital Platform, regardless of the cause thereof; in particular, KLÉPIERRE MANAGEMENT may not be held liable for the fraudulent corruption of or access to data and/or the accidental transmission of viruses via the Digital Platform. Likewise, it may not be held liable for situations attributable to force majeure, failures and technical problems concerning hardware, programs and software or the Internet network that may cause the Digital Platform to be suspended or terminated in whole or in part.

    KLÉPIERRE MANAGEMENT reserves the right to modify, suspend, restrict or interrupt access to all or part of  the Digital Platform including in particular content, functionalities and availability times, without prior notice. It may do so at any time, particularly in order to maintain or update the Digital Platform.

  3. Subscription to the Klépierre platform

    3.1 The Website and, where applicable, the Application provide users with access to the Klépierre platform. Any user wishing to subscribe to the Klépierre platform must read and accept these terms of use. By clicking on the call to action “Validate my account”, [KC4]the user acknowledges that he/she accepts and complies with these terms of use.

    All users can only register once.

    Any use of the Klépierre platform by a person under 16 (sixteen) years old is carried out under the full responsibility of the holders of parental authority over the individuals concerned.

    For this reason, parents who wish to allow their children under 16 (sixteen) years old access to the Klépierre platform must help them create any appropriate account and monitor their access to the platform. It is the responsibility of the legal guardian to determine whether any of the information and content published on Digital Platform is suitable for their child.

    The services related to our loyalty program are reserved for users aged 16 (sixteen) years and over.[KC5]

    KLEPIERRE MANAGEMENT reserves the right to modify / suspend the loyalty program described herein at any time, including with respect to the Loyalty Mechanics, without giving rise to any right to compensation or reimbursement in your favour.[KC6]

     

    3.2.    Subscription to the Klépierre platform set up by KLÉPIERRE MANAGEMENT allows users among others things to:

    - benefit from promotional offers, the terms of which are specified for each of them;

    - receive the Klépierre platform newsletter;

    - access certain Digital Platform services reserved solely for members of the Klépierre platform;

     

    3.3.    To subscribe to the Klépierre platform, the user must complete a membership form posted online on the Digital Platform specifying the mandatory information. In particular, users must set a password enabling them to access their member account.

     

    An email will be sent to the user confirming their registration to the email address indicated on the form.[KC7]

     

    Registration gives the user the status of member of the Klépierre platform and provides them with access to the services indicated in point 3.1.

     

    Members of the Klépierre platform may change their information at any time via the “My Account” page.  If the “My Account” page is not accessible, the user can contact the DPO [country contact email address] to request the modification of her/his information. In the lack of password validation, the DPO may ask the member for proof of identity[KC8]

     

    3.4 If the mandatory information is not provided, registration will not be possible. The user undertakes to ensure that the information indicated on the form is complete and accurate. Any registration containing information clearly incorrect may be removed. Users also undertake to keep their username and password strictly confidential. Any connection via a member's username and password will be deemed to have been made by the latter.

     

    In the event of fraudulent use, loss, destruction or theft of the username and password, the user must change them as soon as possible on the Digital Platform.  KLÉPIERRE MANAGEMENT may not be held liable for the consequences of such fraudulent use, loss, destruction or theft.

     

    KLÉPIERRE MANAGEMENT may decide to suspend or exclude a member in the event of a breach of these general terms and conditions of use.

     

    3.5 Members’ obligations

     

    Each member of the Klépierre platform agrees:

     

    - to create and use only one account,

    - to provide only accurate and up-to-date information;

    - to respect the other members, to be courteous and non-aggressive in any exchanges with the other members or with the Digital Platform ;

    - to comply with the specific terms and conditions applicable to each offer or operation proposed on the Digital Platform.

     

  4. Guarantees

     

    The user holds KLÉPIERRE MANAGEMENT, as well as all those involved in the creation, production and distribution of the Digital Platform, harmless from and against any claim, liability, costs and expenses resulting from the violation of these conditions or in connection with the use of the Digital Platform.

     

    All information and data supplied by the user are done so under the latter's sole responsibility, and the use undertakes to hold KLÉPIERRE MANAGEMENT harmless from and against, and compensate it accordingly, for any direct and indirect damage that may result therefrom.

     

    The user is solely liable for direct or indirect damage and harm, whether material or immaterial, caused by himself or herself to the Digital Platform as a result of the illegal or non-illegal use of the service provided therein. In the cases indicated above, the user undertakes to compensate KLÉPIERRE MANAGEMENT, including for reasonable lawyers' fees it has been forced to incur, in the event the latter is ordered to pay damages. The user moreover undertakes to reimburse KLÉPIERRE MANAGEMENT for the costs incurred in repairing the damage caused.

     

  5. Liability

     

    KLÉPIERRE MANAGEMENT may not be held liable for any direct or indirect damage that may result from access to or use of the Digital Platform or the information contained therein, regardless of its nature. In particular, the information provided by the brands for their product or service is done so under their sole responsibility and may not render Klépierre Management liable.

     

    KLÉPIERRE MANAGEMENT declines all responsibility for the appropriate nature of the decisions taken and action carried out by users solely on the basis of the information published on the Digital Platform.

     

    KLÉPIERRE MANAGEMENT declines all liability in the event of damage sustained by the user, in particular due to the loss, deterioration or corruption of files or the transmission of viruses that could infect its computer equipment or any other property when connecting and/or consulting and/or using the Digital Platform.

     

    The user acknowledges that the transmission of data over the Internet is of relative technical reliability and that the data itself is not protected against possible misuse. Under these conditions, users are fully responsible for communicating passwords or any other confidential data and, more generally, any sensitive information.

     

    Users are responsible for taking all appropriate measures to protect their data and equipment from virus contamination such as attempted intrusion into their computer system by third parties via the Digital Platform services.

     

    The user acknowledges that his or her equipment is connected to the Internet network under his or her sole responsibility and that consequently KLÉPIERRE MANAGEMENT is not responsible for any damage that may occur during its connection.

     

    In full knowledge of the foregoing, the user consequently waives its right to hold KLÉPIERRE MANAGEMENT liable for one or more of the facts or events mentioned above.

     

  6. Updates

     

    KLÉPIERRE MANAGEMENT makes reasonable efforts to offer up-to-date information on its Digital Platform. All information brought to the attention of persons accessing the Digital Platform has been selected on a specified date.

    Such information may require updating, which may not have taken place on the date it is consulted, either for technical or non-technical reasons, or be subject to alteration. KLÉPIERRE MANAGEMENT may not be held liable for any errors or omissions.

     

  7. Hyperlinks

     

    The Digital Platform may provide links to other sites. The websites to which these hyperlinks refer are, unless indicated otherwise, independent from the Digital Platform and from KLÉPIERRE MANAGEMENT. KLÉPIERRE MANAGEMENT may in no way be held liable for the content of such websites, any damage that may result from connection to such websites, the information contained therein, or any transactions that may be carried out using them, for which the website publisher is solely responsible, in particular with regard to the user's rights with regard to personal data.

     

    In any case, access to its third-party websites is under the sole responsibility of the user, KLEPIERRE MANAGEMENT being not the publisher of these websites, which are independent and/or do not control the Internet sources, it cannot be held liable for any consequences related to the use of these platforms, particularly in terms of confidentiality and with regard to the content of their Internet websites. Please read their privacy policies carefully to learn and understand how these third parties collect and process your personal information.

     

    Any hyperlink of any kind enabling access to the Digital Platform or to any of its pages or elements requires prior written authorisation from KLÉPIERRE MANAGEMENT.

     

  8. Social media sharing features

     

    The Digital Platform offers functionalities for sharing certain content on social networks. The user undertakes not to misappropriate the meaning of the content or to damage the image of KLÉPIERRE MANAGEMENT. In any case, this sharing is carried out under the user's sole responsibility; as KLÉPIERRE MANAGEMENT is not the publisher of said social networks, which are independent, it cannot be held liable for any consequences linked to the use of such platforms.

     

  9. Processing of personal data

     

    The Digital Platform includes various forms for collecting personal data. You will find more information about this data processing in our Personal Data Protection Charter.

     

  10. Intellectual property

     

    This Digital Platform, and in particular all visual elements, as well as the presentation and content of all articles, press reviews and, in general, all information appearing on the Digital Platform, is the exclusive property of KLÉPIERRE MANAGEMENT or third parties with whom it has entered into agreements permitting the publication thereof.

    The user does not have the right to reproduce, disseminate or, generally speaking, exploit such elements or content by any means whatsoever, or even to copy them, including for personal or family use, without the express prior consent of KLÉPIERRE MANAGEMENT.

     

    Thus, the contents may not, in whole or in part, be copied, represented, reproduced, reused, republished, posted, posted or publicly performed, transmitted, adapted, translated, used to create derivative works, sold, assigned, sub-licensed, reverse engineered or assembled, extracted in whole or in part or distributed on any medium whatsoever, subject to applicable law.

     

    Any failure to comply with these clauses would constitute a violation punishable by civil and/or penal sanctions. We reserve the right to take legal action against anyone who does not comply with these clauses.

     

  11. Modification of these terms and conditions

    KLEPIERRE MANAGEMENT shall have the right to revise or update these Terms of Use from time to time. Any changes to these terms and conditions will be effective upon posting of the revised Terms of Use via the Services. If KLÉPIERRE MANAGEMENT makes changes that KLÉPIERRE MANAGEMENT believes are necessary and require your consent in accordance with applicable law, KLÉPIERRE MANAGEMENT will notify you through the Services and ask your consent if necessary.

     

  12. Severability

 

In the event that any of the provisions of these terms and conditions are deemed unenforceable by virtue of the law in force, the user and KLÉPIERRE MANAGEMENT agree to renegotiate it in good faith in order to preserve the economic position from which they benefit as close as possible to that mentioned under the provision rendered unenforceable.

 

If they fail to replace this provision in a mutually acceptable and enforceable manner, said provision will be excluded from this Agreement and the rest of the General Terms and Conditions will be construed as if such provision were excluded and will remain applicable.