Last updated: 4 february 2022

1. Acceptance of the terms of use

By accessing or using any of our websites, loyalty program, or mobile applications (together, the “Services”) which may be accessed through various media or devices and made available by URW Nederland Winkels B.V. (Schiphol Boulevard 371, WTC Toren H, 1118 BJ Schiphol). (“We” or “Us”) you accept and agree to abide by and be bound by these terms of use (“Terms of Use”) notably for the subscription to the loyalty program (hereinafter the “Loyalty Program”) provided by URW Nederland Winkels B.V. and Unibail Management [Paris Register 414 878 389]

These Terms of Use constitute a legally binding agreement. If you do not agree with any of these Terms of Use, please do not access or use the Services.

These Terms of Use are applicable to any Services, being specified that some Services may be subject to additional provisions (loyalty points collection and geolocation, see below).

Please note that We may offer services which are not subject to these Terms of Use, but to their own terms and conditions (for example, gift cards that We may offer are governed by special terms and conditions).

Please note also that if you want to activate, when available, the Loyalty Points Collection you will additionally need to accept and agree to abide and be bound by the Terms of Use of Transaction Connect

https://tc-front.transactionconnect.com/resources/mon/CGU.pdf

https://tc-front.transactionconnect.com/resources/mon/POLICY.pdf

2. Registration and account

The services related to the loyalty program are addressed to users of an age of sixteen (16) or above. The activation of the loyalty points collection being subject, for users under eighteen (18) years, to an authorization of the person(s) having the parental authority.

In order to access the loyalty program and/or some of our Services through our mobile applications or websites, you may be required to create an account with Us. When creating your account with Us, you will have to complete the relevant registration process and you will be offered the following choices:

  • create an account by using the references of the loyalty card already issued to you by Us (i.e., entering the code mentioned below the barcode of the loyalty card or scanning the barcode) and confirming your personal information (i.e., first and last names, birth date, address, gender, telephone number and email); or
  • create an account by providing Us with the requested information (i.e., first and last names, email, birth date, address, gender and telephone number), and choosing a password; or
  • create an account by using your Facebook or Google account.

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

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

If you are not the holder of a loyalty card issued by Us at the time of your account creation, the creation of the account will automatically trigger the creation of a loyalty card with Us. You acknowledge that the loyalty program and card are personal and reserved for individuals for their own and non-professional use. They cannot be transferred and the loyalty card is in no way a payment card. You agree that We may freely modify, suspend or terminate the loyalty program at any time and for any reasons.

In order to access the account, if you have chosen to connect by using your Facebook or Google account, you will be asked to log in with your password for Facebook or Google. In all other cases, you will be asked to log in with your email and chosen password.

You agree to immediately notify Us at the email address of your shopping center available on the following page info@westfieldmallofthenetherlands.nl of any unauthorized use of your account to access the Services.

Please note that if you want to subscribe only to our loyalty program, without creating an account with Us for other Services offered through our mobile applications or websites or if you want to benefit from a physical loyalty card, please refer below to the specific provisions related to the loyalty card creation (“Specific provisions applicable to our Loyalty Program Service”).

3. External Links and Content

We may propose hypertext links from the Services, or from communication you receive from the Services, to third-party web sites or Internet sources. We do not control any of these web sites or Internet sources.

You expressly acknowledge that We are not in any case responsible or liable for any information, content, products, services or material available on third-party web sites or Internet sources, nor for any alleged or actual damages resulting from the access or use of such information, content, products, services or material available on third-party web sites or Internet sources.

4. Privacy and protection of personal information

If you use the Services, We will ask you to provide your personal data or information in order to provide the Services which require you to be authenticated and to manage and improve our commercial relationship. Some information is necessary for providing and managing the Services while other information allows Us to know you better and therefore to adapt our Services to your needs.

Please find attached the link towards the privacy policy of your shopping center https://nl.westfield.com/mallofthenetherlands/privacypolicy, to our Privacy Policy which will explain in detail which personal data will be processed and your rights as data subject and give you all mandatory information.

5. Intellectual property

5.1 Our Content

The Services, which include any software used in connection with the Services, and all of their contents (including, but not limited, to texts, editorial content, database, page design, operating software, photos, images, graphics, videos, sounds, maps, logos, trademarks, information and any elements of all and every kind comprising the Services) (collectively “the Content”) are protected by applicable legislations on author’s right, copyrights, trademarks, service marks, patents or other proprietary rights and are owned, controlled or licensed by or to Us.

We grant you a personal, non-exclusive, worldwide, non-transferable, limited and revocable license to enter and use the Services only for personal use on any computer or mobile device, for the duration of the use by you of the Services.

Except otherwise provided under these Terms of Use, all or part of the Services or the Content may not be copied, represented, reproduced, reused, republished, posted, publicly displayed or performed, transmitted, adapted, translated, used to create derivative works, sold, assigned, sublicensed, reverse engineered, reverse assembled, totally or partially extracted or distributed in any medium, except as may be authorized by applicable law.

Failure to comply with these provisions constitutes an infringement and may result in civil and/or criminal sanctions. We or our licensors reserve the right to take legal action against anyone who does not comply with these provisions.

5.2 Your Content

You may generate, post, upload, input, submit or make available through the Services information, texts, editorial content, photos, images, graphics, videos, sounds, messages, logos, trademarks and any materials of every kind that you submit, store or share while using the Services (collectively “Your Content”).

You retain the ownership and any other property rights you hold in Your Content. However, by generating, posting, uploading, inputting, submitting or making Your Content available through the Services, you agree to grant Us and our affiliated companies a worldwide, royalty-free, non-exclusive, sublicensable and transferrable license to use, reproduce, represent, publicly display, publish, adapt, reformat, exploit and translate Your Content in any medium and in connection to the Services to the extent permitted by applicable law. This license will last until the expiration of a one-year period following the closure of your account, whatever the reasons for such closure.

6. Your responsibilities

6.1 User Content and Conduct

Services functionalities allow you to share Your Content and information via the Services, including sharing information on social networks. However, you are and shall remain, in all circumstances, solely responsible and liable for the use of the Services and for all of Your Content.

You agree not to use any of Your Content or the Services for any unlawful or inappropriate purposes including, but not limited to:

  • posting, providing, inputting, uploading, submitting or otherwise any of Your Content to the Services that is contrary to public order and morality, unlawful, threatening, stalking, harassing, violent, abusive, harmful to others, tortuous, defamatory, obscene, libellous, insulting, pornographic, invasive of another's privacy, hateful, or racially, ethnically, discriminatory or otherwise objectionable, or which promotes or encourages illegal activity;
  • posting, providing, inputting, uploading, submitting or otherwise any of Your Content to the Services that infringes any laws or regulations or third party’s rights, including any copyright, trademark, trade secret, patent, intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights;
  • posting, providing, inputting, uploading, submitting or otherwise any 'spam', marketing materials, unsolicited or unauthorized advertising, or any other form of solicitation via the Services;
  • using any viruses, time bombs, cancelbots, malware, worms, malicious code, defects, Trojan horses, corrupted files or any other computer code, files or programs designed to disrupt, destroy, limit or impair the normal operation of the Services, servers or networks connected to the Services;
  • harming or attempting to harm children in any way;
  • creating fake identity for the purpose of misleading others;
  • using technology, automated systems such as 'bots', 'spiders , or 'crawlers' or other means to collect or access unauthorised content or non-public spaces;
  • using any data mining, robots, or similar data gathering and extraction tools;
  • attempting to test, probe or scan the vulnerability of any system or network connected to the Services or breach security or authentication measures;
  • advertising or offering to sell or buy any goods or services for any business purpose.

We do not monitor Your Content placed on the Services. However, We reserve the right, but do not assume the obligation, to review Your Content and to remove or delete, at our sole discretion, any of Your Content that does not comply with these Terms or Use. We also do not monitor or restrict communications between users via the Services.

You expressly acknowledge that if you access the Services, you may receive or be exposed to content, goods or services that you may consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. To the extent permissible under applicable laws, you agree that We are not liable for any action with respect to any such content on the Services. However, if you identify any unlawful content, please notify Us at the email address of your shopping center available on the following page info@westfieldmallofthenetherlands.nl.

Non-compliance with these Terms of Use may result in a warning and/or immediate suspend or close with no prior notice your account, without prejudice of any legal actions which could be undertaken.

6.2 Your Liability

You are entirely responsible for maintaining the confidentiality of your passwords and account identifiers. We are not responsible for any consequences resulting from the use of your account by an unauthorized third party. You are also responsible for all activities that occur under your account. We encourage you to choose a strong password and regularly change your password in order to limit the risks of unauthorized access to your account.

You are and shall remain, in any circumstances, solely responsible for Your Content you transmit to the Services, your use of the Services and all activities undertaken under your account. Consequently, you are responsible for properly configuring or taking all appropriate measures to maintain appropriate security, protection and backup of Your Content, including your own data and/or software stored on your computer and/or mobile device against any attacks.

You understand and agree that you access, download or otherwise obtain information material or data using the Services at your own discretion and risk and you are solely responsible for any damages to your computer system or loss of data that result from the download of such information, material or data.

You must provide all equipment (including computer, mobile device, etc.) to access and use the Services, in compliance with applicable laws and regulations, including but not limited to intellectual property rights laws.

7. Our responsibilities

The Services provided by Us are for information purposes only. Although all reasonable efforts are provided to ensure that the Content of the Services is current accurate, complete, up-to-date, the Services are provided by Us on an "as available" basis without any warranties. You expressly agree that your use of the Services is at your sole risk.

To the full extent permitted by applicable law, We are not liable for (i) damage, loss or any consequences arising from any use of the Services or their Content, or for Your Content you may release on the Services, and (ii) to you for any indirect damages or losses, as well as any immaterial damages, damages for loss of profits, revenues, usage or data resulting from the use or operation of the Services.

You expressly acknowledge that (i) the Services are not error-free or free of virus, (ii) the connection to the Services implies the risks inherent to any connection and transmission on the Internet and mobile phone networks, in particular with respect to the data transfer speed, information query or consultation response time and technical performance, (iii) We have no control over third parties networks or websites you may access in the course of your use of the Services, (iv) We are not liable for any loss of data, failure to store, misdelivery or untimely delivery of any data or material through the Services, and (v) We disclaim all warranties, whether express or implied, including warranties of merchantable/satisfactory quality or fitness for purpose or need of the Content and the Services.

8. Specific provisions applicable to our Loyalty program service and Physical Loyalty card

In order to benefit from our loyalty program, you should create a specific account (the “Loyalty Account”) with Us as described below. If you want to benefit from a dematerialized version of the loyalty card and/or from other Services offered by Us through our mobile applications or websites, including the loyalty program, please refer above on the general provisions related to registration and account (“Registration and Account”).

Our loyalty program and the physical loyalty card are made available to you on request through one of the following options:

  • at the shopping centre: (i) go directly to the reception of our shopping centre; (ii) complete the relevant form with the requested information; and (iii) the hostess will immediately establish and deliver you your personal loyalty card; or
  • through our website: (i) visit our website and complete the registration form related to the loyalty program available on our website or use your Facebook or Google account; (ii) an identifier will be assigned to you and sent by email; (iii) print the email and go with this email to the reception of the relevant shopping centre; and (iv) the hostess will immediately establish and deliver you your personal loyalty card.

Once your Loyalty Account created, if you decide to benefit from our other Services or from a dematerialized version of the loyalty card, please refer above on the general provisions related to registration and account (“Registration and Account”), in particular on the way to create an account by using the references of the loyalty card already issued to you by Us.

9. Rights and liability

Our Loyalty program is free of charge and allows you to benefit from offers, promotions and information related to our Loyalty program as further described below.

You acknowledge that the loyalty program and card are personal and reserved for individuals for their own and non-professional use. They cannot be transferred and the loyalty card is in no way a payment card. You are entirely responsible for maintaining the confidentiality of your passwords and account identifiers. We are not responsible for any consequences resulting from the use of your Loyalty Account by an unauthorized third party. You are also responsible for all activities that occur under your Loyalty Account. You agree to immediately notify Us at the email address of your shopping center available on the following page info@westfieldmallofthenetherlands.nl of any unauthorized use of your Loyalty Account to access the Services.

The creation of a Loyalty Account is limited to one per person (same name, same e-mail address).

The system embodied within the loyalty card is based on RFID (Radio Frequency Identification) technology. RFID consists in using electromagnetic fields to transfer data, for the purposes of automatically identifying and tracking tags attached to the loyalty card.

However, if this process does not suit you, please use the dematerialized version of the loyalty card available via our mobile application.

10. Offers and benefits

Within the Loyalty Program, the user can benefit from:

  • Special offers and deals throughout the entire duration of the membership. All the offers are regularly updated on our website;
  • Loyalty Points Collection for purchases and reception of cashback
  • Unlimited Wi-Fi access
  • VIP invitations

11. Specific provisions applicable to our “Loyalty points collection”

You can activate the loyalty points collection (“the Loyalty Points Collection”), as an option of the Loyalty Program. The Loyalty Points Collection is free of charge and allows you to benefit from cashback(s) and personalized offers as further described in the present Terms of Use, on our website and mobile app.

11.1 Definitions:

For the purpose of the present Terms of Use, the following terms shall mean:

a) Participating Store(s)

Participating Store(s) means all stores of our shopping centres except for:

  • Bank establishments / cash dispensers
  • Ephemeral boutiques / pop-up stores
  • Vending machines (food, beverages)
  • Click and Services
  • Casino games / loteries
  • Purchase made online (including Click & Collect)
  • Non-retailer amenities
b) Purchase

Purchase means a purchase of 20 (twenty) EURO or more made in the Participating Stores (on-line purchases are expressly excluded) with the receipt has been added in the dedicated interface reachable via the Loyalty Account.

c) Eligible Establishment

Eligible Establishment means any of the Dutch establishments (or establishments with a permanent establishment in The Netherlands) mentioned in the list reproduced in Appendix 1.

Please note that, pursuant to Transaction Connect’s (entity responsible for synchronisation with your bank account and analysis of receipts provided by you) discretionary power in this respect, any establishment may be withdrawn from the list of the Eligible Establishments without creating any right to compensation or reimbursement to your benefit.

d) Synchronized Account

Synchronized Account means the bank account synchronized with your Loyalty Account.

e) Mean(s) of Payment

Mean(s) of Payment will refer to the mean(s) of payment (i.e., payment card(s)) linked to your Synchronized Account.

Please note that, as it is your bank and/ or “meal voucher” account that is synchronized:

  • all Mean(s) of Payment linked to your Synchronized Account will trigger the points collection; and
  • you do not need to update your information in case of change of your Mean(s) of Payment (i.e., when you receive a new payment card for example).
11.2 Activation of the Loyalty Points Collection

In order to benefit from our Loyalty Points Collection:

  • you will need to have a Loyalty Account; and
  • you will need to activate the points collection either:
    • by synchronizing your bank account with your Loyalty Account. Your bank establishment should be listed as an Eligible Establishment; or
    • by adding your receipts of Purchase in the dedicated interface.

Please note that the synchronisation with your bank account or the analysing of your receipts of Purchase, will be handled by Transaction Connect (a French company with headquarters at 86, rue du faubourg St Denis 75010 Paris, registered with the Registry of Commerce and Companies of Paris under number 822 619 185).

The activation of the Loyalty Points Collection is made available to you through one of the following options, through our website and mobile app:

  • when first subscribing to the Loyalty Program: visit our website or mobile app and complete the dedicated registration form to activate the Loyalty Points Collection; or
  • at any time after your registration with the Loyalty Program: a link will be available in your Loyalty Account to enable you to activate the Loyalty Points Collection.

When you choose to activate the Loyalty Points Collection by synchronizing your bank account you will be required to provide to Transaction Connect the following information: Establishment’s name / Type of account / Customer Banking ID / Customer Banking account code/other data that may be required by the Establishment and accept the synchronization of your account with your Loyalty Account.

You agree to provide accurate and complete information, as well as to update such information as often as necessary.

When you choose to activate the Loyalty Points Collection by adding your receipts of Purchase, your credit/debit card details will be required so as to pay you any cashback directly on your bank account.

11.3 Benefits of the Loyalty Points Collection: a) Cashback offers

Each Purchase made with the Mean(s) of Payment in the Participating Stores will generate loyalty points as follows:

  • Participating Stores:10 points per Purchase (per day)

Once you reach 100 points:

You will be entitled to receive a cashback offer of 10 (ten) EURO at the only condition that you make an additional Purchase with the Mean(s) of Payment in one of the Participating Stores, within 2 (two) months from the day you reach the 100 points.

Please note that the above mentioned cashback will be paid directly on your Synchronized Bank Account (or upon presentation or your credit/debit card details), within 7 (seven) days maximum from the day of the additional Purchase.

Please note that you will be entitled to have a maximum of 4 (four) cashbacks per Loyalty Account per year.

b) Personalized offers

Based on your Purchase(s), We will do our best to negotiate with the Participating Stores some personalized offers for your benefit.

11.4 Loyalty Points validity

Your Loyalty Points will be valid for a duration of 12 (twelve) months from the day of your last Purchase with the Mean(s) of Payment in the Participating Stores.

The Loyalty Points have no commercial value (except for the cashback benefit) and shall not be sold or transferred to a third party.

11.5 General information about the Loyalty Points Collection
  • Upon the day of your activation of the Loyalty Points Collection, the Purchases made in the Participating Stores with the Mean(s) of Payment will be taken into account subject to the conditions set forth hereinafter.
  • We decline all responsibility if your Mean(s) of Payment are not accepted in the Participating Stores or subject to a minimum amount of payment.
  • Please note that any Purchase made in several payment instalments will not trigger the Loyalty Points Collection.
  • You acknowledge that the Loyalty Points Collection is personal and reserved for individuals for their own and non-professional use. They cannot be transferred.
  • You agree that We may freely modify or suspend the Loyalty Points Collection at any time and for any reasons, as specified in article 16, notably, without this being limitative We may freely suspend the possibility to add your receipts of Purchase.
  • Several Purchases made the same day in the same Participating Store or in two Participating Stores belonging to the same company and/or acting under the same trademark/denomination will be accounted for only one Purchase for the Loyalty Points Collection.
  • As specified in the definition of Purchase above, a spending minimum of 20 EURO (twenty) is required per Purchase.
  • The number of articles purchased is not taken into account.
  • In case of joint bank account: one bank account can be synchronized with only one Loyalty Account of our shopping centre. However, all Means of Payment linked to the joint account will trigger the points collection, for the benefit of the Loyalty Account synchronized with the joint bank account.
  • When the Loyalty Points Collection is activated by the addition of the receipts of Purchase, the receipt(s) that will be taken into account are the one corresponding to the Purchase(s) made the day of the adding and within the limit of five (5) receipts per day.
  • When the Loyalty Points Collection is activated by adding your receipts of Purchase the bank details that will be provided will not be accepted for another loyalty account.
11.6 Compliance with the present specific conditions

The deletion/new creation of Your Loyalty Account and/or the deactivation/new activation of the Loyalty Points Collection does not allow you to benefit from more than 4 (four) cashbacks per year.

12. Transfer

You authorize Us to transfer, assign or delegate any of our rights and obligations under this Terms of Use to any third party.

13. Severability

If any portion of these Terms of Use is held to be invalid, void, or for any reason unenforceable, these Terms of Use shall be deemed severable and the remaining portion shall remain in full force and effect.

14. Updates to Terms of Use

We may revise or update these Terms of Use from time to time. Any changes to these Terms of Use will become effective upon posting of the revised Terms of Use via the Services. If We make changes which We believe are significant and require your consent according to applicable law, We will inform you through the Services and seek for your consent where applicable.

15. Suspension/modification of the Loyalty program

Please note that we will be entitled to modify/suspend the Loyalty Program described, including the Loyalty Points Collection, at any time, without any right to compensation or reimbursement to your benefit.

16. Applicable law and jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the country in which We are registered and are subject to the exclusive jurisdiction of the same country.

Appendix 1: List of Eligible Establishments

Eligible Banking Establishments
  • ING
  • Rabobank
  • ABN AMRO
  • SNS Bank
  • N26
  • Revolut