TERMS AND CONDITIONS
1. WEBSITE, LOYALTY APPLICATION AND LOYALTY PROGRAM
1.1 These official terms and conditions of use(“Terms and Conditions” or “T&Cs”) describe the terms and conditions under which users may access and use the Destination Outlets website (“Website”) located at www.destinationoutlets.com or other internet based services such as the Destination Outlets mobile App (herein referred to singularly and collectively as “Web/App Provider”), which are owned and operated by JY Destination LP dba Destination Outlets
1.2 Information on how to enter or use the website, mobile App and Loyalty Programs forms part of these T&C’s. The Web/App Provider, may, at any time, amend, add to or delete any of these T&Cs. The Web/App Provider reserves the right to modify these Terms and Conditions and its Privacy Policy in its sole discretion and without notification to users at any time by posting new or updated versions, as well as the right to provide additional notices of material changes. If user does not agree with the terms of use and privacy policy, including changes thereto, or any guidelines included within or posted on the website or mobile app, then do not use the destination outlets website or app. The web/app provider makes no guarantees regarding the availability or workings of these services.
1.3 Accessing the website, downloading the Loyalty App and joining the Loyalty Program is deemed acceptance of these T&Cs by Members and Participating Retailers including any changes made by the Website/App Provider.
Each time User accesses and utilizes these services (whether merely browsing or otherwise), User is bound by these Terms and Conditions, so please read carefully and in its entirety. User is granted a limited, non-transferable, nonexclusive, license to access the website, app and loyalty program solely for personal, informational, and noncommercial purposes, which license may be revoked at any time. Destination Outlets’ Privacy Policy is incorporated into and made part of these Terms of Use. To the fullest extent permitted by applicable law, these Terms of Use constitute a binding legal agreement between User and Destination Outlets and, by accessing and using these services, User agrees to and accepts without limitation or qualifications these Term and Conditions and Privacy Policy.
1.4 As a customer of the loyalty app, you may be rewarded for your loyalty when you participate in:-
(a) the Rewards Program;
(b) Deals; and/or
(c) Competitions;
(together called the Loyalty Programs).
1.5 CHILDREN AND MINORS The website, app and loyalty program are not intended for use by children, and parents and guardians are solely responsible for monitoring any such use by children. By utilizing these services, User consents that he or she is the age of majority in the state in which he/she resides. If User is not of age, please do not use these services
2. SIGN UP/DOWNLOADING OF THE LOYALTY APP
2.1 The loyalty application is free for customers or participating retailers to download from either Apple’s app store or Google Play (Loyalty App).
2.2 The Loyalty Programs are free to access and are available on the Loyalty App.
2.3 Any person who is not a child or minor (see 1.5 above for definition) is eligible to download the Loyalty App and participate in the Loyalty Programs (and so be a Member).
2.4 Any retailer is free to download the Loyalty App and participate in the Loyalty Programs (and so be a Participating Retailer).
2.5 A Member will be required to provide personal information including their full name, city of residence, email address, telephone number, date of birth.
2.6 A Participating Retailer will be required to provide details about their business, trade name and contact details.
3. EARNING POINTS THROUGH THE REWARDS PROGRAM
3.1 A Point is a form of currency used in the Loyalty Program to track a Member’s progress. Points may only be earned by a Member by complying with the T&Cs. Points can not be purchased, transferred or exchanged for cash. Points are a unit of measurement only and are allocated at the sole discretion of the Loyalty App Provider.
3.2 Members can earn Points through the rewards program (Rewards Program) by:
(a) completing a specified task – the points earned are limited to completion of that individual task on one occasion;
(b)checking in with a beacon in the Centre – the points earned are limited to one check per beacon per day; and
(d) earning Points for special events – the points earned are limited to the special event or occasion only,
all the above tasks are found in the “EARN” area of the Loyalty App. Points earned by a Member through the Rewards Program are held in the Member’s account in the Loyalty App.
3.3 A Gift Card is a card that is exchangeable for goods and services from a Participating Retailer.
3.4 The Member will be permitted to scan a unique quick response code in the form of a 2 dimensional barcode (QR Code) assigned to a Participating Retailer and, by doing so, earn Points at the time they visit the store.
3.5 Other ways that Members may earn Points include carrying out any of the following the prompts on the Loyalty App (where available):
(a) Specified Points for checking in when arriving at the shopping center – through the Loyalty App – Points earned are limited to one check in at the Centre per day;
(b) Specified Points for birthdays - a Member earns Points when it is their birthday;
(c) Specified Points for referrals - where a Member refers a friend to the Loyalty App and the friend downloads and signs up to the Loyalty App;
(d) Specified Points for social sharing - where a Member shares the Loyalty App through social media through the Loyalty App – Points earned are limited to one social media sharing transaction per day;
(e) Specified Points for providing feedback - where a Member provides feedback via the Loyalty App on their customer experience in the Centre – Points earned are limited to each occasion when feedback is requested via the Loyalty App.
3.6 Milestone Points – Members may be awarded the specified bonus Points on the Loyalty App.
4. REDEEMING POINTS FOR REWARDS
4.1 To redeem Points for rewards a Member must click on the “REDEEM” screen on the Loyalty App and follow the prompts (Redeem Points).
4.2 The rewards available to be redeemed by Members (Rewards) will require a certain number of Points to be redeemed depending on the recommended retail value of the Reward (Value).
4.4 The Loyalty App Provider may offer Rewards available to Members. Where these Rewards are available, the Loyalty App Provider reserves the right to determine the number of Points Required at any given time.
4.5 The Rewards, the Value and the Points Required will vary from time to time and will be at the sole discretion of the Loyalty App Provider, who may change, amend or delete the Rewards, the Value and/or the Points Required at any time.
4.6 The Value is used only as a unit of measurement and does not necessarily correlate to the worth (in money terms) of a Reward.
4.7 The Rewards available for Members to Redeem Points will vary from time to time, subject to stock availability. Rewards will be items or products nominated by the Loyalty App Provider at its sole discretion. The Points required for each Reward will be displayed for each Prize in the Loyalty App.
4.8 After a Member has chosen a Reward on the Loyalty App and provided they have the Points Required, they must attend at the Centre’s specified reward pickup location to redeem the Reward, which will be specified in the Loyalty App. The Member must scan the corresponding QR Code for the Reward chosen (which may be digital or printed).
4.9 By scanning the corresponding QR Code for a Reward the Points Required will automatically be deducted from the Member’s account on the Loyalty App.
5. DEALS
5.1 The Loyalty App Provider and/or Participating Retailers may from time to time offer deals to Members (Deals).
5.2 Deals are outside the core earning and redeeming function of the Rewards Program.
5.3 Deals can be accessed by Members through the Loyalty App home page and will be subject to change over time.
5.4 Deals will be limited to a certain number offered to Members to be redeemed or purchased within certain timeframes.
5.5 A Member may redeem a Deal by attending at the Participating Retailer offering the Deal, clicking the Deal they are claiming and scanning the Participating Retailer’s QR Code for that Deal.
Examples of Deals include: a discount on the Value of an item or a 2 for 1 voucher.
6. COMPETITIONS
6.1 The Loyalty App Provider may from time to time offer competitions to Members (Competitions).
6.2 Competitions are outside the core earning and redeeming function of the Rewards Program, and may or may not require Points to enter.
6.3 They can be accessed by Members through the Loyalty App home page and will be subject to change over time.
Examples of Competitions include: scratch and win or an Easter egg hunt using QR codes.
7. GENERAL TERMS AND CONDITIONS
7.1 Apple Inc is not a participant or sponsor of this promotion, the Loyalty App or the Loyalty Program.
7.2 Google and Facebook are not participants or sponsors of this promotion, the Loyalty App or the Loyalty Program.
7.3 The Rewards offered for redemption by Members will not be Apple Inc products as Apple Inc provides no endorsement of this promotion in any way.
7.4 Members may opt out of the Loyalty Program, and/or the Loyalty App, and/or push notifications at any time by changing the settings on the Loyalty App or deleting the Loyalty App.
7.5 The Loyalty App Provider reserves the right, at any time and in its sole discretion, to verify the validity of Members (including a Member’s identity, age and place of residence) and to disqualify any Members who fail to use the Loyalty App or participate in a Deal or Competition other than in accordance with these T&Cs, who tampers with the entry process, or engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Loyalty App.
7.6 The Loyalty App Provider’s legal rights to recover damages or other compensation from such an offender are reserved. Failure by the Loyalty App Provider to enforce any of its rights at any stage does not constitute a waiver of those rights.
7.7 The Rewards available at a Centre for Members to Redeem Points are at the sole discretion of the Loyalty App Provider and are not transferable, refundable, exchangeable or redeemable for cash or kind and must be taken as offered and are subject to availability.
7.8 If any Reward is unavailable for whatever reason, the Loyalty App Provider reserves the right to substitute the Reward for a reward of equal or greater value, subject to statutory requirements.
7.9 Persons under 15 years cannot participate in the Loyalty Programs.
7.10 The Loyalty App Provider reserves the right to cancel, terminate, modify or suspend the Loyalty Programs subject to the approval of the relevant regulatory authorities where required.
7.11 Any warranty on the goods and services obtained as a result of the Loyalty Programs remain the sole responsibility of the manufacturer/supplier of the Reward.
7.12 The Loyalty Programs are not valid in conjunction with any other offer.
7.13 In the event of war, terrorism, state of emergency or disaster, the Loyalty App Provider reserves the right (subject to all relevant State and Commonwealth laws), to cancel, terminate, modify or suspend the Loyalty App.
7.14 The Loyalty App Provider’s decision in respect of all aspects of the Loyalty Programs is final and binding on all Members and Participating Retailers and no correspondence will be entered into.
7.15 The Loyalty App Provider and/or the Owner will not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered (including but not limited to that arising from any person’s negligence) in connection with the Loyalty App and/or any aspect of the Loyalty Programs, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
7.16 All participating individuals and retailers are responsible for any taxation liability or other government charges or reporting requirements arising from their participation in the Loyalty Programs or receipt of a Reward (if any). If participation in the Loyalty Programs or receipt of a Reward involves a taxable supply being made, then the participating individual is responsible for paying any amount charged by the entity making the supply in respect of its tax liability on the supply. The Loyalty App Provider does not offer any advice or accept any responsibility with respect to these matters.
7.17 The collection, use and disclosure of personal information in connection with the Loyalty App is governed by the Loyalty App Provider’s privacy notice (which is available on the Centre’s website) and these T&Cs.
7.18 Members accept and agree that their personal information will be collected for the purpose of:
(a) providing Members with the relevant product or service;
(b) managing and administering the product or service; and
(c) protecting against legislative breach where it is a financial management service.
The Loyalty App Provider may also acquire personal information to be provided in order to provide ongoing customer support or to improve the Loyalty App Provider’s services and marketing and promotional services to the Owner and the Centre.
7.19 All applications and sign ups by Members and any copyright subsisting in the applications and sign ups into the Loyalty Programs become and remain the property of the Loyalty App Provider.
7.20 All participating individuals consent to their personal information being entered onto a database, which may be made available to the Loyalty App Provider for marketing purposes relating to the promotion of the Centre and retailers located in the Centre.
7.21 The Loyalty App Provider reserves the rights, trademarks and copyrights of the Loyalty Programs and all artwork, images and print copy associated with the Loyalty Programs.
8. ACCEPTANCE OF TERMS User’s access to and use of the Destination Outlets website, app and loyalty program is subject to User’s compliance with these Terms and Conditions and all applicable federal, state and local laws. Without limiting anything set out elsewhere in these Terms of Use, User’s continued use of the Destination Outlets website, app and loyalty program is contingent upon User checking for any updates to the Terms and Conditions and Privacy Policy and User’s agreement to be bound by any such revisions. User’s continued right to access and ability to use the Destination Outlets website, app and loyalty program will terminate immediately, without any further action or notice by Destination Outlets, if User fails to adhere to the Terms and Conditions or violates applicable law. If Destination Outlets discovers or is notified of communications or content that may violate these Terms and Conditions and/or any applicable law, rule or regulation, Destination Outlets may determine in its sole discretion whether to remove or request the removal of the content, or to terminate the use of the Destination Outlets website, app and loyalty program by the User who posted such content, but has no liability or responsibility to users for performance or nonperformance of such activities. Without limiting anything set out elsewhere in these Terms and Conditions, a User may notify Destination Outlets of communications or content seemingly inconsistent with these Terms of Use by sending an email to customersupport@DestinationOutlets.com. However, any action or inaction by Destination Outlets shall not imply or impose any responsibility or liability on Destination Outlets for the form, intent, or accuracy of the original or any subsequent content posted by, or communications between, users of the Destination Outlets website, app and loyalty program.
9. PRIVACY POLICY
Personal or other information collected or captured through User’s use of the Destination Outlets website, app and loyalty program shall be subject to Destination Outlets’ Privacy Policy, which is incorporated into these Terms and Conditions by reference.
10. CONTENT AND COMMUNICATIONS
The Destination Outlets the Destination Outlets website, app and loyalty program and all included content are intended to provide useful and accurate information about Destination Outlets in Jeffersonville, OH, however from time to time the Destination Outlets website, app and loyalty program may contain inaccuracies or typographical errors. Destination Outlets shall have no liability for the accuracy or completeness or use of, nor any liability to update, the information contained within the Destination Outlets website, app and loyalty program. Destination Outlets shall have no liability for content provided by third parties (e.g., merchants and retailers), including but not limited to sales, offers, coupons, giveaways, advertisements, promotions, pricing or similar information over which Destination Outlets has no control, and any such third party offer, sale, purchase or other transaction and the use, posting, distribution, or publication of content shall not constitute or imply an endorsement, recommendation, advice, opinion or comment by Destination Outlets nor is it an assurance of legality, quality or safety by Destination Outlets. For any goods or services purchased by User that are purchased directly from the applicable merchant, the merchant is solely responsible to User for every aspect of such purchase. Although Destination Outlets is not obligated to screen communications or postings in advance and is not responsible for screening or monitoring the Destination Outlets website, app and loyalty program, or any element or component thereof, User acknowledges and agrees that Destination Outlets has the right to monitor the Destination Outlets website, app and loyalty program in its sole discretion, and, notwithstanding anything to the contrary contained in the Privacy Policy, to disclose information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Destination Outlets website, app and loyalty program properly, or to protect itself or other users.
11. THIRD PARTY LINKS
The Destination Outlets website, app and loyalty program may include or provide links to third party sites. These links are only provided for the sake of convenience and do not imply, either directly or indirectly, that Destination Outlets approves, authorizes, endorses or is affiliated with the linked site. Destination Outlets makes no representations or warranties regarding the security, authenticity or accuracy of any such links or linked sites. User acts at his/her own risk by using any links provided or included on or within the Destination Outlets website, app and loyalty program.
12. INTELLECTUAL PROPERTY AND RESTICTIONS ON USE
The Destination Outlets website, app and loyalty program are the sole property of Destination Outlets and are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (“IP Rights”). User’s limited license to use and access the Destination Outlets website, app and loyalty program grants no express or implied rights to or interest in these IP Rights or the IP Rights of any third party. The trademarks, logos, and service marks displayed on or contained within the Destination Outlets website, app and loyalty program (“Marks”) are the intellectual property of Destination Outlets or the appropriate third parties. User may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, disassemble, reverse engineer or distribute any Marks or intellectual property of or contained within or on the Destination Outlets website, app and loyalty program, whether indirectly or directly, in whole or in part, without the express written consent of Destination Outlets or the appropriate third party. User shall be solely liable for any damages resulting from any infringement of IP Rights or other proprietary rights, or any and all harm resulting from User’s use of the Destination Outlets website, app and loyalty program. The inclusion of Marks of third parties should not be construed as an endorsement of or certification by such third party. If User believes in good faith that any material included within the Destination Outlets website, app and loyalty program infringes upon User’s works or intellectual property, User may notify Destination Outlets at: JY Destination LP, PO Box 436, Lawrence, NY 11559 Email:customersupport@DestinationOutlets.com User should include in the Notice: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Identification of the copyrighted work or other intellectual property claimed to have been infringed. • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. COPYRIGHT INFRINGEMENT CLAIMS From time to time Destination Outlets may allow Users to post content to the Destination Outlets website, app and loyalty program. Any content posted by a User to the Website must be accurate, lawful and not in violation of the intellectual property rights of third parties. Destination Outlets provides a process for submission of complaints concerning unauthorized posting of copyrighted content by Users. Destination Outlets’ policy and procedures are described below. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate access to posting content for Users who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.
Notice of Copyright Infringement Destination Outlets has designated a Copyright Agent to receive any Notices of Copyright Infringement. If you are a copyright owner or an agent of a copyright owner and believe that any User-posted content on the Website infringes your copyrights, you may submit a Notice pursuant to the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. § 512) by completing this Notice of Copyright Infringement Form or sending a written communication to us with the following information: a. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest believed to be infringed; b. A description of the copyrighted work believed to be infringed; c. A description specifying the location on the Website of the material believed to be infringing d. Your email address, mailing address and/or telephone number; e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and f. A statement, under penalty of perjury, that the information in the notice is accurate, and that you are authorized to act on behalf of the copyright owner. Write or email us at: JY Destination LP, PO Box 436, Lawrence, NY 11559. Customersupport@Destinationoutlets.com
Please note that incomplete Notices cannot be processed.
14. LIMITATION OF LIABILITY AND EXCLUSION OF WARRANTY Destination Outlets is not responsible or liable for any damages to User’s computer equipment (or whatever device is used to access the Destination Outlets website, app and loyalty program) or other property caused by viruses or any other malware that may infect the device while accessing or using the Destination Outlets website, app and loyalty program or downloading any materials therefrom. In no event will Destination Outlets be liable to User for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) whether based in contract, tort, strict liability or otherwise, which arises out of or is in any way connected with any use of Destination Outlets service’s or content found therein, even if Destination Outlets has been advised of the possibility of such damages. No oral or written information or advice given by Destination Outlets or others will create a warranty and neither User nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to each individual user. Destination Outlets makes no warranty of any kind regarding the Destination Outlets website, app and loyalty program and/or any materials or content provided therein, all of which are provided on an “as is” basis. To the fullest extent permitted by law, Destination Outlets disclaims all warranties including but not limited to the warranty of merchantability, the warranty of fitness for a particular purpose, and non-infringement of third party rights. Destination Outlets makes no warranty that the Destination Outlets website, app and loyalty program will be completely accurate, timely, secure, or otherwise satisfactory.
15. INDEMNITY AND RELEASE
By visiting and utilizing the Destination Outlets website, app and loyalty program, User agrees to release, indemnify and hold harmless Destination Outlets, its directors, officers, employees, affiliates, subsidiaries, agents, contractors, and licensors from any and all claims, demands, debts, obligations, damages, costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed that User may have arising out of or in any way related to User’s use or misuse of Destination Outlets Services or User’s breach of these Terms and Conditions, to the fullest extent permitted by applicable law.
16. JURISDICTION, CHOICE OF LAW, AND FORUM
These Terms of Use and all the Destination Outlets website, app and loyalty program are governed by the laws of the United States of America and the state of New York without regard to conflict of law principles. Destination Outlets makes no representation that the Destination Outlets website, app and loyalty program, or content included therein, are appropriate or available for use in other locations. The exclusive jurisdiction for any claim, action, or dispute with Destination Outlets relating to use of the Destination Outlets website, app and loyalty program will be in the state and federal courts in New York and the venue for adjudication and disposition of any claim, action, or dispute will be in the county of Nassau. User submits to personal jurisdiction of the courts located in Nassau County, New York for the purpose of litigating claims and disputes. To the fullest extent permitted by applicable law, no claim under these Terms and Conditions may be joined with or to any other claim, including but not limited to any legal proceeding involving other current or former users of the Destination Outlets website, app and loyalty program, and no class action proceedings will be permitted.
17. ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between Destination Outlets and User with respect to the Destination Outlets website, app and loyalty program and supersedes all prior or contemporaneous communications and proposals (whether written, electronic, or oral) between User and Destination Outlets with respect to the Destination Outlets website, app and loyalty program. The failure of Destination Outlets to exercise or enforce any provision of this Agreement shall not operate or be construed as a continuing waiver or as a consent to a waiver of any subsequent breach hereof, or affect the ability to enforce such right at any time thereafter, unless in writing and signed by Destination Outlets. The provisions of this Agreement shall be deemed severable such that the invalidity or unenforceability of any section of this Agreement, or any portion or provision thereof, shall not affect the validity or enforceability of the other portions or provisions. If for any reason a court finds any provision or term of this Agreement to be invalid or unenforceable then, to the fullest extent of the law, that provision shall be construed enforced to effect the intent of the parties, or in the alternative shall be stricken from the Agreement, and the remainder of the Agreement shall continue in full and given effect to the extent enforceable.
18. CONTACTING US
Please contact us with any questions, comments or concerns about these Terms of Use. Email: customersupport@Destinationoutlets.com
Mail: JY Destination LP, PO Box 436, Lawrence, NY 11559
Notice of Copyright Claim
Contact Information Name (First and Last) Street Address City ST ZIP Code Phone E-Mail Address
Instructions: This Notice should be used if you believe in good faith a portion of the Destination Outlets website, app and loyalty program is infringing your copyright. Please see Destination Outlets’ Website Terms of Use for more information on Destination Outlets’ Copyright Infringement Claims policy.
Copyright Claim Information Name, Address and Contact Phone Number of Copyright Owner (If copyright owner is a company, please included company name, mailing address and website) Description of Copyrighted Work (Please include the jurisdiction of the claimed copyright as well as copyright registration number, if applicable) Location of Unauthorized Material on the Destination Outlets website, app and loyalty program (Please include link to web page showing material, as well as description of location, if applicable) Description of the Nature of the Copyright Infringement Agreement and Signature By submitting this Notice, I affirm under penalty of perjury, that the information in the Notice is accurate, and that I am authorized to act on behalf of the owner of the copyrighted work described in this Notice. E-Signature Date By typing your full name above, you acknowledge that you have read and understand the Notice of Copyright Claim form and the Destination Outlets Copyright Infringement Claim policy Please Note Incomplete Notice of Copyright Claim forms cannot be processed.