1.1. "Malls & More” refers to
- this websites www.mallsandmore.com, www.mallsandmore.info and all services provided through it, including all related domains,
- abbreviations such as “m &m” are used to describe www.mallsandmore.com, www.mallsandmore.info and all related services & domains,
2.2. All terms may be used in singular and plural form, with or without quotation marks and with or without Title case or capitals and vice versa.
2.6. Malls & More provides a range of “Services” online. There are “Basic Services” and “Premium Services”. “Basic Services” and “Premium Services” are only available to registered Users. “Basic Services” shall be free to all registered Users. “Premium Services” will be available to User subject to their status and usually subject to the payment of a subscription fees.
2.7. In connection with the User’s Membership we will use the terms “Membership” “Role” or “Status” alone or in combination and interchangeably meaning one and the same thing. Users will be granted one or more Membership Roles by Malls & More. All Membership Roles are subject to these ToU. Additional ToU may apply for certain Membership Roles.
2.8. All contractual relationship between the User and Malls & More are subject to these ToU, irrespective of which Malls & More web site the User is registered with or logged on to.
2.9. The term “Content” shall include but not be limited to any text, work of art, sound, document, graphic, image, drawing, software, file(s) or any kind of electronic data in full or parts reduced or enlarged uploaded to Malls & More.
2.10. Malls & More offers individuals and companies certain services to promote and/or advertise their services and products on a commercial basis and we shall refer to these as “Sponsor“, “Promoter” and/or “Advertiser”.
2.11. The services provided by Malls & More are intended exclusively for persons of the legal age to enter this contract.
2.12. The User is requested to read these ToU in detail. The User confirms that he or she has read the ToU and that he or she understands and accepts these Terms by clicking on or ticking the relevant confirmation box or button. We recommend that you download or print out these ToU.
2.13. A Visitor confirms that he or she understands, accepts and will comply with these ToU by continuing to browse the accessible areas of Malls & More.
3. Subject of the Contract
3.1. The Malls & More Web sites offer the registered User a range of membership roles with specific conditions defined in the Members Section of these ToU. Most forms of Membership will require an annual fee.
3.2. Details about the current fees for membership of the User are listed on the Malls & More Web sites under "Subscriptions".
3.3. Payment can be made only by the payment options shown in the relevant section. Membership commences after fees are collected. Any costs, charges or fees due to insufficient funds in the User's accounts shall be payable by the User.
3.4. Invoicing; receipts and any other communication between the User and Malls & More shall only be by email.
3.5. The User shall use all and any services and contents only as agreed through these ToU. Any other use requires a written consent by Malls & More before any such use. Malls & More will issue written consents by email with an attachment in PDF format. The email responding to the request is not the written consent.
3.6. Malls & More will not sell or pass on any personal data of any User to any Third Party unless detailed and agreed in these ToU and on the basis of applicable laws. Any illegal, prohibited, offensive or unproven information or data of any kind will be removed by us without warning or notice to the User as soon as we realise & confirm the breach.
3.7. Malls & More provides this service on the basis of best and fair effort. The User acknowledges and agrees that it is technically impossible for Malls & More to achieve 100% availability of the Malls & More Web sites & Services on a daily basis. The need for maintenance, security updates and/or capacity requirements, and/or events beyond the control of Malls & More (e.g. disruptions in public communication networks, power failures etc.), may lead to interruptions of the services provided by Malls & More. As far as possible we will inform the User prior to any disruption but we can not guarantee to give notice before or during any such event.
3.8. Malls & More offers the User a platform for networking and to find or contribute information.
3.9. The network platform is designed to establish contact with other Users and to exchange information on a personal one-to-one or group basis. The services provided by and through the network of Malls & More are not intended for the User to enter in any contract with another User, Sponsor, Promoter or Advertiser. The services provided by and through the network of Malls & More are not private, confidential or encrypted and may be or become subject to laws that may require disclosure without prior notice to the User.
3.10. Malls & More does not participate in any form or way in any communication between the User and other Users, Sponsors, Promoters or Advertisers. If the User enters any agreement with another User by using the provided contact formats or network Malls & More will not take part or be party in any way or form in any such agreement. Only the User is responsible for the execution and/or fulfilment of her or his agreements with another User. Malls & More shall not be held liable if the User is unable to contact another User through the network of Malls & More. Furthermore, Malls & More shall not be liable for breaches of duty in relation to agreements entered into between Users. Malls & More shall also have no duty to keep records of communication or if by law required for other reasons, the User shall have no right to request any copy or record of any communication through the Malls & More services unless defined by law.
3.11. The User shall not use the Malls & More services for any form of unsolicited advertising or spamming. The User who feels he or she has been contacted by other Users inappropriately shall report any such incident without delay and Malls & More will investigate and take appropriate measures to prevent any further violation of our anti spamming policy.
3.12. Malls & More web sites may offer groups, forums and similar forms of smaller networks for specific Users. Each Group and/or the moderator(s) are entitled to choose their members and set rules within the framework of these ToU. Not-invited and/or excluded Users have no right to insist on membership of these groups or forums and Malls & More will not interfere with a Groups or the moderators’ choice. Any User may however raise their concern with Malls & More and we will strive to find an amicable solution without any prejudice.
3.13. Malls & More reserves the right to use sponsorship, promotion and advertising on our network in order to receive funding to provide the service and to return a profit. Malls & More shall have no liability in any form or way in respect of any contract the User may enter by clicking on any of these promotions or advertisements. Should the User discover any incorrect, misleading, offensive or otherwise inappropriate promotion or advertisement she or he should contact us to resolve the matter without delay.
4.1. Malls & More invites selected Users to join this network on the basis that the User is an active professional in the industry of retail, shopping and entertainment as an individual (self-employed) or part of an organisation (commercial or not), providing services or products to this industry directly or indirectly.
Malls & More will invite individuals on a discretionary basis including recommendations and references of existing Users. The aim is to create a network of competent, decision making and contributing professionals. This is not a platform for the curious and occasionally interested.
4.2. All free memberships require the users to be active as described above and to contribute to Malls & More in form of postings to all areas of the service including articles, forums, comments and special sections such as listings of projects, retailers, etc. Malls & More will require a minimum level of contributions. Details of the required level of contribution will be defined in more detail during alpha and beta stages. The required level of contribution will be most likely calculated using factors to determine the relevance, quality and access to the contribution over a certain period. First Members (FM), Early Members (EM) and all future free Membership Roles will be subject to this rule of required minimum level of contributions.
For details please refer to Requirements for Active Contributing Members.
4.3. Malls & More are aware that at some point a maximum level of contributions may have to be introduced.
4.4. Malls & More offers during the alpha phase only the initial membership to First Members (FM).
4.5. First Members (FM) are founding members and shall have free lifetime membership with unlimited personal access to basic and most premium services.
4.6. While FMs and later EMs will enjoy free membership to most areas of this site, there may well be areas that will have additional access limitations related to specific roles not yet envisaged or an additional annual fee may be charged in order to offer the services to members with a real need and commercial interest in these.
4.7. Malls & More will form a Reserve representing 10% of the company’s value from the start of the beta stage for the first six years of the business to benefit all active First Members based on the following requirements. First Members shall be entitled to a share of paid out profits from year three onwards.
4.8. All First Members who have been active and contributing members for the first three years of Malls & More online life without interruption shall share the Reserve defined above. During the following three years; year 4 to 6, the following terms shall apply:
4.8.1. Malls & More will confirm all remaining FMs at the end of the initial 3 years and issue each FM with a certificate stating the size of his or her share calculated by dividing the 10% Reserve by the number of remaining FMs.
4.8.2. The reverse is related to value of Malls & More and not to shares in the company and has no voting rights.
4.8.3. The certificate is personal to the FM User and not transferable.
4.8.4. For the now following 3 years FM Users shall receive the equivalent payment of their share of the Reserve in respect of any profits distributed by Malls & More to its shareholders.
4.8.5. A First Member may offer his or her certificate for sale only to Malls & More. Malls & More shall not have any obligations to buy the certificate until such time that Malls & More has the right of purchase.
4.8.6. In case a FM decides to leave Malls & More she or he is entitled to receive the value of the certificate from Malls & More within 31 days of closure of the account.
4.8.8. After six years Malls & More shall have the right of purchase of all issued certificates and has 31 days to declare whether or not to buy back the certificates. Should Malls & More declare to buy all outstanding certificates all FM Users shall be paid within the next 31 days and all certificates shall become void.
4.8.9. Should Malls & More declare not to exercise the right of purchase the arrangements shall continue year by year.
4.9. During beta phase Malls & More will invite Early Members (EM) to join. Early Members (EM) shall be entitled to free lifetime membership with unlimited personal access to basic services. Malls & More may offer EMs to become an FM in case a vacancy arises during the beta stage. If the opportunity arises to upgrade an EM to FM Malls & More will decide this on the basis of the consecutive membership number divided by the number of contributions of the EM with the lowest number being upgraded. This means an EM with a high number of contributions will have a greater chance of being upgraded.
4.10. Once the beta stage is completed no more FMs will be created.
4.11. Early Members (EM) are subject to the same required minimum level of contributions as FMs.
4.12. During alpha and beta stages corporate memberships will not be considered. Corporate memberships will be on a fee only basis and may be limited to Basic Services.
4.13. The Membership of "Sponsor" will be granted by providing a Sponsorship account with limited access rights. The Sponsorship account creates a role of "Sponsor" and is exclusively intended for sponsors to access and update only their Sponsorship page or pages. This type of membership does not allow a member to become a First Member (FM) or an Early Member (EM). Sponsor status is granted to individuals or organisations and shall have a distinguished, limited level.
To become a full member of Malls & More Users have to acquire a full membership account.
4.14. Users with criminal convictions prior or during their membership may be excluded from Malls & More. Users under criminal investigation may be suspended by Malls & More in case their membership of or activity on Malls & More is related or could be related or used in the criminal case against them.
5. Registration, and Representations and Warranties upon Registration
5.1. Users must register prior to using any of the services on the Malls & More Web sites. Visitors may take a tour of the site in a defined area but by using this service also agrees to abide by these ToU.
5.2. The User warrants and declares that all of the data provided by the User for registration is accurate and complete. The User shall report all and any changes in his or her registration details and data to Malls & More without delay.
5.3. The User shall not use pseudonyms.
5.4. The User warrants and declares that he or she is of legal age to enter a contract at the time of registration. Malls & More reserves the right to increase the registration age in line with the policy of only accepting experienced professional Users.
5.5. The User shall choose a password upon registration. The User is obliged to keep this password secret, confidential and personal. Malls & More shall not disclose the password to any third party and Malls & More shall not ask for the User's password at any time. In general Malls & More holds no record of passwords and has no access to the encrypted password chosen by the User. Therefore Malls & More will neither ask nor be able to supply an existing password to the User. Malls & More will normally either issue a temporary password that the user is required to change without delay or will provide a one-time only, time-limited, automated login link by email.
5.6. On completion of the registration process, the User consents by clicking or ticking a box confirming she or he read, understood and wants to enter the agreement to use the Services of Malls & More. Malls & More accepts this offer by activating the membership for the use of Services on Malls & More. The agreement is only concluded when Malls & More activates the account.
5.7. The User may only register with Malls & More once. The User may only establish one (1) user profile. Malls & More reserves the right to contact and verify any and all Users routinely or at random. In case verification cannot be obtained Malls & More may suspend (block) an account temporarily. Should we contact the User for verification and raise a query based on duplicate membership triggered by IP address inconsistency we would like to ask Users to confirm if more than one registered Users operates from the same IP address.
5.8. User verification will include confirmation of the identity of the User and may include confirmation of an active professional link with the industry as described under 4.1.
5.9. While Malls & More strives to verify all and each User it may technically and physically not be possible to determine with certainty whether the User registered with Malls & More is in fact the person he or she represents to be. Therefore, Malls & More assumes no liability for the actual identity of the User. Each User is entirely responsible for confirming the actual identity of another User. Users are encouraged to report any concern over breaches of proper registration of a registered User.
6. Right of Cancellation
6.1. Users may cancel their annual subscription without notice by not renewing their subscription payment on the due day. No prior notice is required. No provision in these ToU shall be seen to refuse any consumer rights of the User under the UK laws and/or other relevant legislation.
6.2. Malls & More reserves the right not to renew the User’s membership if any of the conditions of the membership – especially these ToU have not been complied with.
In case Malls & More has not renewed a membership and the User feels this was unfounded the User should contact us to clarify the reasons the missed renewal.
6.3. A newly registered User may decide to leave Malls & More at anytime and to close his or her account without prior notice.
The User who closes her or his account during the first two weeks of joining Malls & More for the first time only shall be entitled to a full refund of their subscription fee and this shall be considered as part of the consumer rights of the User if such cooling-off periods are required. The User who closes her or his account within the first two weeks of joining Malls & More may not join again for another 6 months.
The User who closes his or her account after this initial period shall not be entitled to any refund.
6.4. Malls & More reserves the right to upgrade, downgrade or suspend (block) the User’s account at anytime and without prior notice if the conditions of the applicable membership status changes. Malls & More will endeavour to give as early a notice as possible, but this may only be at the time of the change to the User’s account. In case the change was triggered in error we ask Users to contact us in order to rectify the changes.
6.5. In case Malls & More grants and upgrade of the User’s account fees will not be refunded or charged for any remaining period of the current subscription period of the User.
6.6. In case of a downgrade or suspension of the User’s account we will give 14 days grace from the moment the notice of the change is given before or on the day the change is executed by the system to rectify and re-instate the User’s account. Users are asked to contact us as soon as possible and to inform us of any reasons to extend this period before the end of the notice period of 14 days. Malls & More may otherwise not be able to re-instate a member to the original status due to system automation. This could especially affect FM and EM status.
7. Obligations of the User
7.1. The User is required and agrees by accepting the ToU
7.1.1. to enter only true, not offensive or misleading statements in the User profile and in all and any communications with other users, and not to use pseudonyms.
7.1.2. to post on Malls & More only images (the Avatar) of the User which are not too old and are showing a clear and recognizable image of the User. The User warrants and declares that the public display of the image delivered by the User to Malls & More is not violating any copyright or other legal restrictions. The User’s Avatar shall only represent him or her as a real person in the format of a photograph or an appropriate graphic image. Images of items, animals, cartoons, etc. are not suitable in the own interest of the user and may be removed with or without prior notice to the User.
7.1.3. Malls & More may consider an inappropriate image an indication of the User not to be the person she or he pretends to be and may suspend the account as described above under 6.6.
7.1.4. The User is not required to upload any image and may use the default images provided by Malls & More.
7.2. The User who uploads Content warrants and declares that she or he have
7.2.1. the licence to do so,
7.2.2. are not violating any copyright or other rights of any Third Party,
7.2.3. checked and received all rights, licences to upload the Content,
7.2.4. paid and shall remain fully liable to all and any current or future fees for the Content,
7.2.5. not received any payment for uploading this Content to Malls & More.
7.3. The User who uploads Content warrants and declares that he or she transfers the rights to Malls & More by which the Content are in the legitimate possession of the User and that these rights include unrestricted use on Malls & More.
7.4. Following the uploading of the Content to Malls & More the User may not grant exclusive rights to any other party.
7.5. In case the User needs to withdraw any of the Content he or she needs to contact Malls & More without delay to explain and facilitate the required steps.
7.6. Promotion and advertising are the privilege of Malls & More in order to provide a commercially viable enterprise. We will therefore not accept company logos and any form of direct or indirect advertising or promotion on this network and the services of Malls & More provided by Users without a commercial agreement with us.
In case Malls & More considers finding a breach of this provision we will ask the User to remove or modify such Content.
Malls & More understands that Content provided in the framework of this industry and will always be colourful, show names and logos of brands and may easily be in conflict with this provision. We will therefore contact the User to clarify and amend any Content we may consider to be in breach. However, we will not tolerate an attitude of trying to test our policing skills. We have no intention of running a Content policing unit and would expect Users to act responsibly.
7.7. Malls & More strives to clearly mark and label any content that is paid for sponsorship, promotion or advertising to give Users a clear understanding of the intention and purpose of any content here.
7.8. We may ask Users to remove or change images or do so directly with or without prior notice.
7.9. Users who feel that sponsorship, promotion or advertising is either not clearly marked by Malls & More or is inappropriate or unnecessarily placed by another User should contact us to resolve the issue without delay.
7.10. Malls & More will not tolerate insulting, offensive, misleading or defamatory content in any form or shape. Malls & More reserves the right to remove and/or change any content of such nature with or without prior/or any notice at all. Malls & More reserves the right to ban any form of action or promotion that we consider inappropriate and/or is considered as such by other Users including chain letters, spam and reference to other websites promoting such actions or content.
8. Changes of Services
8.1. Malls & More is developing the online Service actively an during alpha and beta stage the FM and EM Users will play an active part by adding their contributions in form of Content, networking with other Users and expressing their views and requirements in polls and directly by email or best by submitting a question to our FAQ system.
8.2. Malls & More will strive to inform Users of any change prior to its introduction. However, technical reasons and especially the needs of development during alpha and beta stages may prevent us from communicating all changes of services prior to their implementation.
8.3. As part of this ongoing development Malls & More may therefore change services at any time with or without prior notice to Users.
9. User Content Responsibility
9.1. Malls & More provides no warranties or declarations in respect of any Content provided by the User on any of the Malls & More services. With the publication of the Content Malls & More does not warrant for the validity, truthfulness or accuracy of the Content.
9.2. The User is required to report all and any activity, communication and/or Content of any other User, Sponsor, Promoter or Advertiser in violation of any laws and/or of these ToU. Please report any obvious or suspected incident and we will investigate without delay. All Users are also obliged to report suspected or obvious use of pseudonyms or false identities without delay. Please use your nearest contact form; you will always find contact forms at the bottom of each page and in the help section.
10. User Support
10.1. Malls & More provides User support through a number of means.
First Users should consult the Help section of Malls & More.
Should you not be able to find an answer here please use our Ask a Question system which adds your query to a list of FAQs. This allows others to find answers to similar queries quicker.
You may also contact us through the various support email buttons – especially in the footer or the Help section of the site.
10.2. You may also check our section about the future developments and new features scheduled on the Roadmap – see Help Section.
10.3. We also have a member’s forum for discussing various issues about Malls & More, its developments and required features.
11.1. The User agrees to indemnify and exempt Malls & More from all and any legal actions, including claims for damages by other Users and any and all Third Parties as a result of any violation of their rights by the Contents posted by the User on Malls & More.
The User accepts liability and will reimburse all costs Malls & More may incur due to the User’s violation of the rights of another User or any other Third Party. All other rights of Malls & More against the User are not limited or suspended by this clause.
11.2. The User in violation of any Third Party rights agrees to rectify the claims, damages and other obligations immediately at his or her own expense. The User may have to pay licence fees and all other cost to use the Content he or she posted and shall reimburse Malls & More for any work needed to rectify the infringement of the User.
12. Data Protection
12.1. Malls & More will not sell or pass on any personal data of any User to any Third Party unless detailed and agreed in these ToU and on the basis of applicable laws.
12.2. Malls & More will only require the User to provide the minimal personal data required to register allowing us to verify the identity of the User and her or his active professional position in the industry Malls & More is serving.
12.3. Malls & More complies fully with the relevant Data Protection laws of the UK and the European Data Protection Directives. The details of our handling of personal data are detailed in our Data Protection Policy document.
13. Copyright & Right to Content
13.1. The User shall be free to upload and/or post already existing Content provided he or she holds the copyright, licence or rights to republish the Content on Malls & More. If the User republishes existing Content she or he are required to clearly label the material according to the licence or rights they hold.
13.2. If the User uploads and/or posts his or her Content for the first time in any part of the services under Malls & More the User grants Malls & More an unlimited, irrevocable and assignable right of use for this content free of charge, royalties or fees and which Malls & More is entitled to use for the purpose of the services Malls & More are providing. Malls & More shall be entitled to keep the Users Content on Malls & More and/or use it for marketing in any form.
13.3. The User shall retain the licence to use his or her content according to the copyright they hold with the exception of publishing any Content on a service similar, competing or infringing the development of Malls & More. The User shall be free to use their Content in their daily business, presentations and marketing of their business with the requirement to reference the first publication on Malls & More and to prevent any Third Party from using the Content without restriction.
13.4. The free and unrestricted use by Malls & More of the User’s Content is not time-limited and is not connected with the duration of the User’s membership of Malls & More. Malls & More shall be entitled to keep all Content of a User if she or he decided to cancel their membership.
13.5. The User has the right to change and amend their Content on Malls & More. The removal of content will only be possible through Malls & More. Malls & More is also entitled to amend, correct, delete content or to revert Content to a previous version without notice.
14. Final Provisions
14.1. These ToU and any amendments of these will be published on Malls & More.
14.2. Malls & More reserves the right to amend these ToU at any time. The User may contact us to clarify the reason for any changes. Malls & More will give fair notice of any amendments of these ToU to the User. A minimum of 14 days of notice shall be considered sufficient and fair. If the User does not object to the revised ToU within 14 days after receipt of the notice the User has effectively agreed to the changes of the revised ToU.
14.3. The user may object within the notice period to the changes and seek clarification from Malls & More. Should the User decide to leave within 14 days of the response from Malls & More citing she or he cannot agree to these changes the remaining fee for the subscription period will be refunded pro-rata from the moment the User closes her or his account. The User who leaves under these terms may not rejoin Malls & More for at least 6 months and subject to written consent by Malls & More.
14.4. The User may contact Malls & More through the advertised contact froms or by regular mail to our advertised address of the head office.
14.5. If any provision of these ToU is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely reflects the intent and economic effect of the invalid and/or unenforceable provision. This also applies to issues that the contract between the User and Malls & More may not cover.
14.6. The place of performance under these ToU shall be the main place of business of Malls & More.
14.7. Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Malls & More.
14.8. These ToU and the contractual relationship shall be governed by UK Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by UK Law.