The Vaughan Mills Shopping Centre Website www.vaughanmills.com ("the Website") and the Vaughan Mills mobile application (“the mobile app”) are offered to you subject to your acceptance of the Terms and Conditions contained herein.
Vaughanmills.com Website, Mobile app and loyalty program Terms and Conditions of Use
YOUR USE OF THE WEBSITE AND MOBILE APP CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHALL DISCONTINUE YOUR USE OF THE WEBSITE AND THE MOBILE APP.
Ownership of Website and mobile app
All right, title and interest in the Website is owned by or licensed by Ivanhoe Cambridge Inc. ("Ivanhoe Cambridge"). The materials provided on the Website and the mobile app including, without limitation, all content, site design, text, graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials is strictly prohibited.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Website and the mobile app are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any information or services obtained from the Website and the mobile app without the express written consent of Ivanhoe Cambridge, which consent shall be at Ivanhoe Cambridge's sole discretion.
Modification of These Terms and Conditions of Use
Ivanhoe Cambridge reserves the right to amend these Terms and Conditions at any time by posting the amended terms on the Website and the mobile app, which posting shall constitute notice to you. Your continued use of the Website and/or the mobile app following such notice will constitute your: (a) acknowledgement of the modified Terms and Conditions; and (b) agreement to abide and be bound by the modified Terms and Conditions.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE AND THE MOBILE APP AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR THE MOBILE APP IS AT YOUR OWN RISK. THE WEBSITE AND THE MOBILE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
IVANHOE CAMBRIDGE, ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE WEBSITE AND THE MOBILE APP WILL BE UNINTERRUPTED, SECURE, ERROR FREE, ACCURATE, COMPLETE OR CURRENT. NOR DOES IVANHOE CAMBRIDGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND THE MOBILE APP OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED, THROUGH THE WEBSITE OR THE MOBILE APP.
ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE MOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK. IVANHOE CAMBRIDGE DOES NOT WARRANT OR GUARANTEE THAT SUCH MATERIALS ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA.
You hereby acknowledge and agree that: (a) Ivanhoe Cambridge does not screen the employment listings posted on the Website and the mobile app; (b) Ivanhoe Cambridge does not guarantee the nature of the positions listed on the Website and the mobile app or the truth or accuracy of the description of such positions; (c) your application via the Website or the mobile app does not create an employer-employee relationship with Ivanhoe Cambridge; and (d) Ivanhoe Cambridge shall not be liable for any employment decisions that you make as a result of your reliance on any information posted on the Website and the mobile app.
Limitation of Liability
IN NO EVENT SHALL IVANHOE CAMBRIDGE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFIT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE OR THE MOBILE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IVANHOE CAMBRIDGE HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE MOBILE APP, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE MOBILE APP.
Unlawful or Prohibited Use
As a condition of your use of the Website and the mobile app, you warrant to Ivanhoe Cambridge that you will not use the Website or the mobile app for any purpose that is unlawful or prohibited by these Terms or Conditions.
You agree not to upload or otherwise transmit through the Website or the mobile app any unlawful, harassing, false, misleading, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature. You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website or the mobile app.
You agree not to upload or otherwise transmit to or through the Website or the mobile app any material that: (i) infringes on any rights of third parties; and/or (ii) contains any virus or other harmful code that may change or disrupt the Website or the mobile app or any other user's equipment or software.
Links to Other Sites
The Website or the mobile app may contain links to other websites ("Linked Sites") operated by parties other than Ivanhoe Cambridge. Such Linked Sites are not under the control of Ivanhoe Cambridge and Ivanhoe Cambridge is not responsible for the contents of any Linked Site. Ivanhoe Cambridge is providing you with a link to the Linked Sites as a convenience and the inclusion of any such link does not imply endorsement by Ivanhoe Cambridge of the Linked Site or any association with its operators.
Any notices may be given to you by any means including, but not limited to: (a) email; (b) notices or messages posted on the Website or the mobile app; or (c) any other means by which you obtain notice thereof.
You agree to indemnify and hold Ivanhoe Cambridge, its subsidiaries, affiliates, directors, officers and employees, harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Website or mobile app or your breach of these Terms of Conditions.
Either you or Ivanhoe Cambridge may terminate this relationship with or without cause at any time.
You agree that Ivanhoe Cambridge may, in its sole discretion, terminate or suspend your access to all or part of the Website or the mobile app for any reason, including, without limitation, breach of the Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.
Should you object to the Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the Website or the mobile app in any way, your only recourse is to immediately discontinue your use of the Website and the mobile app.
Ivanhoe Cambridge shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
Applicable Law and Governing Law
You agree to comply with all applicable laws and regulations. These Terms and Conditions and all related transactions shall be governed by the laws of the Province in which the shopping centre to which the Website and the mobile app refers is located and the applicable laws of Canada. The parties hereby agree to the non-exclusive jurisdiction of the courts of the Province in which the shopping centre to which the Website and the mobile app refers is located.
In case any of the provisions of these Terms and Conditions shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and these Terms and Conditions shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
The section headings used herein are for convenience of reference only and do not form part of these Terms and Conditions.
Benefit of the Agreement
These Terms and Conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder without Ivanhoe Cambridge's prior written consent, which consent shall be at Ivanhoe Cambridge's sole discretion.
Contacting Ivanhoe Cambridge
If you have any questions about these Terms and Conditions in respect of this Website or the mobile app, please direct your inquiry to the Communications and Public Affairs Service of the Society, Ivanhoe Cambridge, Centre CDP Capital, 1001, square Victoria, Suite C-500, Montreal (QC) H2Z 2B5 Canada or contact us at [email protected] or at (514) 841-7600.
VAUGHAN MILLS STYLE POINTS - VIP REWARDS LOYALTY PROGRAMTerms and Conditions
Effective Date: September 1st, 2017
Vaughan Mills STYLE POINTS - VIP REWARDS Loyalty Program (the "Program") is a consumer rewards program offered by Ivanhoe Cambridge Inc. ("Ivanhoe Cambridge"). The Program is a pilot, and will run at participating retailers at the Vaughan Mills shopping centre until September 4, 2018 unless otherwise extended, amended or terminated by Ivanhoe Cambridge in its sole discretion. By registering for the Program and your continued participating in it, you agree to these Terms and Conditions, including any amendments which may be made by Ivanhoe Cambridge from time to time in its sole discretion. Please review these Terms and Conditions carefully, and return to the Program website regularly to check for amendments.
1. Eligibility and Registration
To be a member of the Program, you must be a legal resident of Ontario, nineteen (19) years of age or older, and have a valid email address to which Ivanhoe Cambridge can send regular Program administration communications. The program is open to individuals only; no groups, memberships, clubs, companies or associations. To register, either download the iOS Vaughan Mills app (the “App”) and follow the instructions on the app, or complete the registration at a Guest Services desk at the Vaughan Mills shopping centre. If you complete the registration in person, you will be issued a membership card (the “Card”) which you can connect to an account on the App, if you wish.
The App is free to download but downloading the mobile application may incur standard data download rates, please contact your service provider for more details and seek the bill payer’s consent (if applicable).
Once your registration has been processed, you will receive confirmation of your status as a member in the Program by email. If you cannot provide a valid email address to which we can send regular administration communications, Ivanhoe Cambridge will not be able to register you in the Program.
Providing false information or omitting any information required to complete the registration may be grounds for denial or termination of membership in the Program, and/or cancellation of any benefits.
2. Qualifying Purchases and Points
Under these Terms and Conditions, "Qualifying Purchases" are purchases made by a Program member at Participating Retailers at the Vaughan Mills shopping centre. To see the list of current Participating Retailers, check the App or go to www.vaughanmills.com/info/loyalty (the “Website”). Note: Not all retailers at Vaughan Mills shopping entre are participating in the Program, and the list of Participating Retailers may change from time to time.
For each full dollar you spend (before taxes and after applicable discounts) at Participating Retailers you can earn one (1) point (each a “Point”). Show your Card, or the QR code in your App, for scanning by the Participating Retailer when you make a Qualifying Purchase. Points will not be issued for prior purchases. During this pilot, Points do not expire. Points may be deducted from your account for merchandise returned from prior Qualifying Purchases. Points will be posted to your Points account within twenty-four (24) hours of a Qualifying Purchase. Your updated Points total can be viewed using the App, or at Vaughan Mills Guest Services or at any Participating Retailer. All Points totals will be deemed correct unless a claimed discrepancy can be substantiated by the Member to the satisfaction of Ivanhoe Cambridge. Discrepancies must be addressed to Ivanhoe Cambridge within three (3) weeks of the purchase date.
3. Program Tiers and Offers
When you join the Program, you will begin at the “Bronze” tier. At 1500 points, you will be elevated to the “Silver” tier. At 5,000 points you will be elevated to the Gold tier. At each tier, you will be eligible to redeem different reward offers (each an “Offer”) developed by the Participating Retailer. The Offers you may be able to redeem may vary from time to time and from person to person. Each Offer is subject to its own terms, including but not limited to end dates, conditions and exclusions.
From time to time, Ivanhoe Cambridge may (but is under no obligation to) issue bonus Points for special event days, your birthday, and other occasions as determined by Ivanhoe Cambridge and/or Participating Retailers in their sole discretion.
To redeem an Offer, show your Card, or the QR code in your App to be scanned at the time of purchase. Each Offer will be subject to the terms and conditions contained in the Offer. To successfully redeem an Offer, the member must have sufficient Points to qualify for the applicable tier at the time of the request for redemption. Offers may only be redeemed once, and only by the member him- or herself. Proof of identity may be requested by a Participating Retailer at the time of redemption.
4. Membership Activity and Status
Ivanhoe Cambridge is not responsible for lost, stolen or damaged Cards, or unauthorized activity on your account through the App or otherwise. You are solely responsible for all activity under your account. Keep your Card and your account secure at all times. To report a lost or stolen Card, contact Vaughan Mills Guest Services at 905-879-2110. In the event of extension of the Program by Ivanhoe Cambridge, Ivanhoe Cambridge reserves the right to expire points due to member inactivity. Fraud or abuse relating to the collection of Points or any Offer redemption or attempted redemption will result in your forfeiture of all collected Points and termination of your Program membership. Ivanhoe Cambridge reserves the right to pursue legal action in the event of fraud, misrepresentation, abuse or violation of these Terms and Conditions by you.
If you no longer wish to take part in the Loyalty Scheme, you can do so by simply deleting or ceasing or unsubscribing to use The App/Card/Emails.
6. Program Modifications
Ivanhoe Cambridge reserves the right to cancel, suspend, extend, modify or amend the Program or these Terms and Conditions at any time with or without prior notice. Any such changes will be made in new Terms and Conditions posted on the Website and through the App, and will be effective from the date of posting unless stated otherwise. You are solely responsible for checking the Website and/or App to be aware of the current Terms and Conditions for the Program.
7. Limitations of Liability
To the full extent permitted by law, Ivanhoe Cambridge shall have no responsibility for Offers made by Participating Retailers, failure of a Participating Retailer to honour the terms of an Offer as advertised, or for any goods or services purchased from a Participating Retailer. Any questions, concerns or disputes concerning a given Offer must be addressed to the Participating Retailer directly.
TO THE FULL EXTENT PERMITTED BY LAW, THE APP, THE WEBSITE, AND THE PROGRAM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER IVANHOE CAMBRIDGE NOR ANY OF ITS SUPPLIERS MAKES ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THE APP, THE WEBSITE, OR THE PROGRAM. TO THE FULLEST EXTENT PERMITTED BY LAW, IVANHOE CAMBRIDGE AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT OR THAT THE APP, THE WEBSITE, OR THE PROGRAM WILL BE FREE OF ERROR OR OPERATE WITHOUT DISRUPTION.
TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IVANHOE CAMBRIDGE OR ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHATSOEVER, FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATIONS, DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUSINESS LOSSES, LOST SAVINGS, LOST DATA, LOSS OF USE, LOST PROFITS, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES ARISING FROM OR RELATING TO YOUR USE, RELIANCE UPON OR INABILITY TO USE THE APP, THE WEBSITE, AND/OR THE PROGRAM, WHETHER OR NOT IVANHOE CAMBRIDGE OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES .
Some jurisdictions do not allow the limitation or exclusion of incidental or consequential damages or implied warranties, so the above exclusions may not apply to you and you may be entitled to certain other rights under law.
8. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. All decisions regarding the interpretation of these Terms and Conditions shall be at the sole discretion of Ivanhoe Cambridge, and shall be final and binding in all respects. To report an apparent discrepancy, inability to redeem an Offer, or to inquire with respect to your Points account balance, please contact Vaughan Mills Guest Services. If you disagree with any amendments to the Program or to these Terms and Conditions, your sole recourse will be to terminate your membership in the Program. Any proceedings relating to matters regarding the Program shall be brought exclusively in the courts of the City of Toronto in the Province of Ontario and orders of such Ontario courts shall be binding on Ivanhoe Cambridge and Program Members.
9. General Terms and Conditions
Reward Points have no cash value, cannot be exchanged or redeemed for cash or credit, may not be used with any other offer, promotion or discount, and cannot be earned from or transferred to any other account or rewards program. Program members have no ownership interest in collected Points, and collected Points do not constitute property of the Program members. Use of the word "earn" in marketing materials in relation to the Program shall mean "collect" and shall not infer that the Points have any value. Points may not be purchased or sold and are not transferable except as otherwise stated herein.
Despite our best efforts to ensure accuracy, errors occasionally occur. Ivanhoe Cambridge reserves the right to correct such errors at any time even if it affects pending or reported Points or Offers.
By enrolling in the Program you accept the Terms and Conditions and release Ivanhoe Cambridge and hold Ivanhoe Cambridge and its authorized agents harmless from any claim, liability or damage relating to the Program, Points or Offers.
Any applicable federal, provincial and local taxes connected to the collection of Points or the redemption of Offers are the sole responsibility of the Program member. Ivanhoe Cambridge will not be responsible for any tax consequences which may flow from participation in the Program.
The failure by Ivanhoe Cambridge to require or enforce the performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Each provision of the Terms and Conditions is severable from the other Terms and Conditions and if any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the other Terms and Conditions will continue to have full force and effect.