MCARTHURGLEN CLUB - TERMS AND CONDITIONS Effective [ ] August 2022
1. These terms and conditions (“Terms”) govern your membership (“Membership”) to the McArthurGlen Club (“McArthurGlen Club”) and usage of the McArthurGlen Club App (the "App"). The operator of the McArthurGlen Club and the App is McArthurGlen UK Limited, Nations House, 3rd Floor, 103 Wigmore Street, London, England, W1U 1QS (“we” or “us” or “McArthurGlen”).
ELIGIBILITY AND MEMBERSHIP
1. To be a member (a “Member” or “you”) of the McArthurGlen Club, you must:
a) be aged 16 years or over;
b) have created a password and completed the registration of a McArthurGlen Club account (a “McArthurGlen Club Account”);
c) have the ability to receive electronic notifications from the McArthurGlen Club through the form of electronic communication we use from time to time (for example, an email address); and
d) have the means to access your McArthurGlen Club wallet (“McArthurGlen Club Wallet”).
2. By registering a McArthurGlen Club Account, you warrant that:
a) you have the power and authority to enter into this agreement; and
b) you are at least 16 years of age.
3. Membership to the McArthurGlen Club is free.
4. You may only have one active Membership. Your Registered McArthurGlen Club Account and McArthurGlen Club Wallet is for personal use by you only and cannot be shared with any other individuals.
5. We reserve the right to refuse, merge or close additional Memberships at any time.
6. We reserve the right to monitor the number of Memberships in any household, and the right to cancel any suspected duplicated Memberships.
7. Membership to the McArthurGlen Club is entirely at our discretion and accordingly we can refuse an application for any reason.
MEMBERSHIP BENEFITS
1. The McArthurGlen Club may offer McArthurGlen Club Members various benefits from time to time including, but not limited to, competitions, prize draws, passes and discount codes (“Treats and Rewards”).
2. Treats and Rewards may be redeemed in accordance with terms and conditions relevant to the specific promotion with the relevant participating brand or third party stated in the specific terms and conditions. We do not (other than as required by law):
a) take any responsibility for any Treats and Rewards provided by a participating brand; and/or
b) provide any warranties regarding the goods (including without limitation the quality thereof) that you may obtain through the offer at the relevant participating store.
3. Each of the McArthurGlen Designer Outlets (“Outlets”) across the UK, Europe and Canada may offer exclusive Treats and Rewards to Members that are limited to a Outlet location and limited to participating brands.
4. When registering your McArthurGlen Account, you can choose which Outlet you would prefer to receive Treats and Rewards from and you can change this by adjusting your Outlet preferences at any time during your Membership.
5. We will not be held responsible for any loss or deletion arising from a Member failing to ensure their safe-keeping or a Member having inaccurate or out-of-date Membership information.
6. Treats and Rewards are non-transferable (unless expressly mentioned in the particular offer) and cannot be bought, sold or in any way traded. There is no cash alternative.
7. All Treats and Rewards are subject to an expiry date, beyond which they cannot be used or reissued. Only one Treat or Reward can be used at any one time, and cannot be combined with any other Treat or Reward, unless stated otherwise in the promotion’s terms and conditions.
8. Treats and Rewards can be accessed through the McArthurGlen Club Wallet.
A MEMBER’S FURTHER OBLIGATIONS
1. You must:
a) observe and act in accordance with these Terms and the relevant terms and conditions for each participating store and any other terms specific to the Treats and Rewards;
b) not attempt to market, reproduce, sell or re-sell the Treat or Reward to any third party whatsoever;
c) inform McArthurGlen as soon as it is practicable if you become aware that someone has tried to access your account without your permission or attempted to obtain Treats and Rewards using your personal details.
CHANGES TO THE TERMS
1. The Terms may be amended at any time by us and we will notify you of any changes by email before such changes come into effect.
2. By continuing to use your Membership, you are deemed to have accepted the latest version of the Terms.
TERMINATION OF MEMBERSHIP
1. You may choose to leave the McArthurGlen Club at any time by accessing your profile on the McArthurGlen Club homepage and deleting your McArthurGlen Club Account.
2. We may, at any time, terminate the McArthurGlen Club.
3. We may cancel your Membership at any time should we believe you have breached the Terms or behaved in an inappropriate, misleading or abusive manner.
4. We may at our discretion amend, decline to issue, withdraw or cancel Treats and/or Rewards at any time.
5. We will provide a terminating Member 90 days to redeem any benefits they have accrued from the date we confirm termination of their Membership.
DATA PROTECTION
1. The McArthurGlen Privacy Policy is available here Privacy and Cookies Policy | McArthurGlen Designer Outlets and gives further information about how your personal data is collected and processed as part of your Membership to the McArthurGlen Club, your use of the App and any participation in the Refer-A-Friend Promotion. The contract between us requires us to process your personal data in accordance with the Privacy Policy.
ADDITIONAL TERMS FOR USING THE MCARTHURGLEN CLUB APP
1. By using the App you agree to these terms. If you do not agree to these terms please do not use the App.
2. We license you to use:
· the App, the data supplied with the App, and any updates or supplements to it; and
· any related online or electronic documentation (the "Documentation")
as permitted in these terms.
3. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
APP STORE AND GOOGLE PLAY'S TERMS ALSO APPLY
2. The ways in which you can use the App and Documentation may also be controlled by App Store and Google Play's rules and policies and App Store and Google Play's rules and policies will apply instead of these terms where there are differences between the two.
3. Please note that these terms are between us and you, not Apple. We are solely responsible for the App and any content produced on it.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
1. If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team using the Contact Us form on our website
2. If you need any support with respect to the App, please contact us, not Apple as they are under no obligation to help with any support or maintenance questions arising out of use of the App.
3. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility, subject to the limitations below.
HOW YOU MAY USE THE APP
1. In return for your agreeing to comply with these terms you may:
a. download a copy of the App onto your devices, and view, use and display the App on such devices for your personal purposes only;
b. use any Documentation to support your permitted use of the App;
c. make copies of the App and the Documentation for back-up purposes; and
d. receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
2. The licence granted to you in these Terms to use the App is for use on Apple-branded products, owned or controlled by you. The App may be used or accessed by other accounts associated with you via Family Sharing.
YOU MUST BE 16 TO ACCEPT THESE TERMS AND USE THE APP
1. You must be 16 or over to accept these terms and use the App.
CHANGES TO THESE TERMS
1. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. If you do not accept the notified changes you will not be permitted to continue to use the App.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
1. From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
1. If you download the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
1. By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
1. The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
2. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
LICENCE RESTRICTIONS
1. You agree that you will:
a. not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
b. not copy the App or Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
c. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
d. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (a "Permitted Objective"), and provided that the information obtained by you during such activities:
i. is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
ii. is not used to create any software that is substantially similar in its
expression to the App;
iii. is kept secure;
iv. is used only for the Permitted Objective; and
v. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
2. You represent and warrant that
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
ACCEPTABLE USE RESTRICTIONS
1. You must:
a. not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
b. not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
c. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
d. not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
e. not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the App or any of our services.
INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property rights in the App and the Documentation throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with these terms.
2. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
3. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
4. We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5. We (and not Apple) are responsible for addressing any claims from you or any third party relating to the App or the end- user’s possession and/or use of the App, including, but not limited to:
(i) product liability claims;
(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
LIMITATIONS TO THE APP
1. The App is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
2. Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
3. Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the App Store or Google Play site and in the Documentation) meet your requirements.
4. We are not responsible for events outside our control. If our provision of support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
1. We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
2. If we end your rights to use the App:
a. you must stop all activities authorised by these terms, including your use of the App;
b. you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
c. we may remotely access your devices and remove the App from them.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
1. You can’t transfer the App to someone else, whether for money, for anything else or for free. And if you sell any device on which the App is installed, you must remove the App first.
RIGHTS FOR THIRD PARTIES
1. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
2. Other than as stated above], this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
1. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
1. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
GOVERNING LAW
The Terms are governed by English law and are subject to the non-exclusive jurisdiction of the courts of England and Wales.