Last Updated: June 11, 2020.

Welcome to LiVE by CF. We hope that you will find LiVE by CF a fun and useful addition to your shopping experience at select Cadillac Fairview shopping centres. Keep using LiVE by CF to take advantage of new features, special offers and new locations.

CF Browse is now LiVE by CF. LiVE by CF is brought to you by Ravel by CF – an affiliate of The Cadillac Fairview Corporation Limited. References to “Cadillac Fairview” means The Cadillac Fairview Corporation Limited and its affiliates, including Ravel by CF.

These LiVE by CF Terms of Service explain the rules that apply when you access and use LiVE by CF. These LiVE by CF Terms of Service affect your legal rights and impose obligations on you. Each time you access and use LiVE by CF, you agree to be bound by the then-current version of the LiVE by CF Terms of Service. If you do not agree with the LiVE by CF Terms of Service, your sole recourse is to discontinue use of LiVE by CF immediately and uninstall LiVE by CF from your device.

Keep your version of LiVE by CF up to date. By downloading and installing LiVE by CF, you agree to the installation of LiVE by CF and to any future updates and upgrades. See Consent to Installation and Updates and Upgrades for more information.

Please review the LiVE by CF Privacy Notice for details regarding the collection, use, retention, disclosure and management of personal information that is collected through LiVE by CF.

You can use the following links to quickly find out more about a particular term of service.

About LiVE by CF and Cadillac Fairview
In-App Sponsored Content
Products, Prices and Descriptions
Purchases and Promotions
Other Third-Party Websites
LiVE by CF Rules
Special Rules for App Sharing
Minors
Consent to Push Notifications and Location-Based Services
Consent to Installation and Updates and Upgrades
Privacy
Ownership and Licence to Use LiVE by CF
Disclaimer
Limitation of Liability
Indemnification
Governing Law and Disputes
Interpretation
Changes and Termination
Apple / Google Terms and Conditions

 

About LiVE by CF and Cadillac Fairview

LiVE by CF is the best way to make the most of your trip to participating Cadillac Fairview shopping centres. LiVE by CF offers you a unique shopping experience by providing you with access to products from stores in select CF shopping centres before and during your shopping trip. LiVE by CF’s search, filter and “add to favourites” features assist you with making informed decisions about your purchase and helps you design your shopping experience efficiently on your mobile device. With LiVE by CF, you can easily find your favourite stores and bookmark unique offers that are redeemable only at Cadillac Fairview shopping centres from brands you like. If you enable push notifications, we will notify you of offers and promotions from retailers that you love. If you enable location-based services, we will customize your experience so that we show you search results and offers and promotions that are relevant to your location.

 

In-App Sponsored Content

LiVE by CF may show you advertisements, offers, promotions and other sponsored content from Cadillac Fairview shopping centres, their retailers and our promotional partners. We may tailor this content based on your use of LiVE by CF and other information you provide to us (including our location if you have enabled location-based services) in accordance with the LiVE by CF Privacy Notice. We may receive consideration from the retailer or promotional partner when you use links offered in LiVE by CF to learn more about a retailer’s or promotional partner’s products and services, including when you access and use a third-party ecommerce website.

 

Products, Prices and Descriptions

You can use LiVE by CF to search for and browse products and services offered by promotional partners and Cadillac Fairview retailers in participating Cadillac Fairview shopping centres. The products and services showcased in LiVE by CF are provided by those retailers, our promotional partners or their licensors. The product or service description and all images are the responsibility of the retailer, our promotional partners or their licensors. Although the retailer, promotional partner or their licensors strive to provide accurate product and pricing information, errors may occur, and the retailer, promotional partner, their licensors and Cadillac Fairview reserve the right to change product and pricing information at any time. Product colours and details in product images may not be exactly as displayed on your device. The availability of certain products and services may be limited. Cadillac Fairview does not make any representations or warranties regarding the retailer’s, the promotional partner’s or their licensors’ products and services and Cadillac Fairview is not responsible for any inaccuracies in product descriptions or images.

 

Purchases and Promotions

We may also provide you with links to the retailer’s, the promotional partner’s or their licensors’ ecommerce website where you can purchase a product or service or explore a promotion. The retailer, promotional partner or their licensors, and not Cadillac Fairview, is the seller of record for any product or service you purchase and any promotion you redeem on those ecommerce websites. Your use of those ecommerce websites will be governed by separate terms and conditions and privacy policies. Cadillac Fairview is not responsible for the personal information you provide the retailer, promotional partner or their licensors. Please review the privacy policy, terms and conditions, and terms of sale, including the policies regarding refunds and exchanges, before making a purchase on those other websites. Cadillac Fairview is not responsible for your transaction with retailers, promotional partners and their licensors including any issues you may have regarding the fulfillment of any purchase you make.

 

Other Third-Party Websites

LiVE by CF may also contain links to websites owned and operated by other third parties. These links are offered as a convenience to you. We do not endorse, and we are not responsible for, any content, advertising, products, services or other materials on or available from such third-party websites. You assume full responsibility for your use of third-party websites. The LiVE by CF Terms of Service do not apply to those third-party websites. You should review the terms and privacy policies of those third parties before using their websites.

 

LiVE by CF Rules

You are responsible for knowing and obeying all applicable laws relating to a product or service and your use of LiVE by CF. By using LiVE by CF, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

You will not use LiVE by CF in any manner that:

  1. infringes or violates the rights of any other party (including but not limited to trademark, patent, copyright, publicity or other proprietary rights);
  2. is unlawful, fraudulent or deceptive, or harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
  3. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  4. is for the purpose of misleading others, causes the creation of a false identity of the sender or the origin of a message, forges headers or otherwise manipulates identifiers in order to disguise the origin of any material transmitted through LiVE by CF;
  5. impersonates any person or entity, including, but not limited to, a Cadillac Fairview employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  6. causes the upload of any content that contains any form of destructive software;
  7. uses any robots, spiders, or similar data mining tool to access, acquire, copy, or monitor any portion of LiVE by CF;
  8. copies, modifies, creates a derivative work of, reverse engineers, decompiles, or otherwise attempts to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to LiVE by CF;
  9. attempts to gain unauthorized access to LiVE by CF, other computer systems or networks connected to LiVE by CF;
  10. takes any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
  11. interferes with or disrupt networks or servers connected to LiVE by CF; or
  12. facilitates or encourage any of the foregoing conduct.

 

Special Rules for App Sharing

LiVE by CF includes an app sharing feature that allows you to send a message to a friend or family member with a link to download and install the LiVE by CF App. You must not use this feature to send unsolicited or spam messages. You should only send an invite to a friend or family member who you know would like to receive it. You are responsible for following all anti-spam laws when you send your message.

If you are a recipient of a message inviting you to download and install the LiVE by CF App that you believe violated these Terms of Service, please contact us please contact please write to Ravel, Attention: Chief Privacy Officer, 20 Queen Street West, Suite 500, Toronto, ON M5H 3R4 cfprivacy@cadillacfairview.com.

 

Minors

LiVE by CF is not directed at children under the age of 13. If you are the parent or guardian of a child under 13 years of age, please assist your child in deleting LiVE by CF and see the LiVE by CF Privacy Notice for information on how to request the deletion of your child’s personal information.

If you are between 13 years of age and the age of majority in the jurisdiction in which you are using LiVE by CF, you must only use LiVE by CF under the supervision of your parent or legal guardian who agrees to these LiVE by CF Terms of Service. If you are a parent or legal guardian of a minor using LiVE by CF, you must monitor and supervise the use of LiVE by CF by the minor and you are responsible for all financial charges and legal liability of the minor.

 

Consent to Push Notifications and Location-Based Services

LiVE by CF sends you push notifications for special offers. You can choose which retailers you receive notifications about. You can also enable location-based services so that we can show you search results, offers and promotions for Cadillac Fairview shopping centres near you. You can opt-out of push notifications at any time by going to More > Account Settings > Notifications in LiVE by CF and changing your notification preferences. You can withdraw consent for location-based series at any time by changing your device’s permissions for LiVE by CF. For Android devices, open your Settings App and choose Location > App permission or Security & location > Location. For iOS devices, choose Settings > Privacy > Location Services. For more information or help, please refer to your device’s operating system user guide.

 

Consent to Installation and Updates and Upgrades

We want you to use the most recent version of LiVE by CF to ensure you have the latest features, bug fixes and more.

By downloading or installing LiVE by CF, you consent to the installation of LiVE by CF and to future updates and upgrades. These updates and upgrades may occur for various reasons including adding or removing functionality, fixing bugs, and addressing issues relating to security or performance. Your mobile phone or other device may prompt you to accept the installation of the update or upgrade for LiVE by CF. You agree to use the most current version of LiVE by CF available in Apple App Store or Google Play, and understand that we may only support the most current version of LiVE by CF.

In some cases, an update or upgrade may be installed automatically. YOU AGREE TO THE AUTOMATIC INSTALLATION OF UPDATES AND UPGRADES. You can withdraw your consent at any time by uninstalling LiVE by CF. To request assistance with the removal or disabling of LiVE by CF, please contact us at Ravel by CF, 20 Queen Street West, 5th Floor, Toronto, ON M5H 3R4, or email digital@cadillacfairview.com.

LiVE by CF works by communicating with Cadillac Fairview and its service providers to provide you with the functionality in LiVE by CF. THEREFORE, YOU ACKNOWLEDGE AND UNDERSTAND AND AGREE that LiVE by CF (including any updates or upgrades) may (i) cause your device to automatically communicate with Cadillac Fairview’s or its third-party service provider’s servers to deliver the functionality described in these LiVE by CF Terms of Service (and as described where you downloaded LiVE by CF) and to record usage metrics, (ii) affect app-related preferences or data stored in your device, and (iii) collect personal information and other information as described in the LiVE by CF Privacy Notice.

Your telecommunications services provider may impose data charges when you use LiVE by CF or for data charges for updating or upgrading LiVE by CF if you have not restricted updates and upgrades to wi-fi connections.

 

Privacy

We may collect, use, retain, disclose and otherwise process your personal information in accordance with the LiVE by CF Privacy Notice. By using LiVE by CF you agree to the provisions of the LiVE by CF Privacy Notice. If you do not agree with the LiVE by CF Privacy Notice, you must discontinue your use of LiVE by CF and uninstall LiVE by CF. Please note that agreeing with the LiVE by CF Privacy Notice does not prevent you from opting out of certain uses of your personal information as described in the LiVE by CF Privacy Notice.

 

Ownership and Licence to Use LiVE by CF

The LiVE by CF app software (including source and object codes) is owned and operated by Ravel by CF and its licensors and third-party service providers. The LiVE by CF app is licensed to you, not sold. We grant you a non-exclusive, non-transferable, limited licence to install LiVE by CF on any single mobile device, tablet, or similar technology and to cache and display the LiVE by CF Content solely in connection with our services for your personal, non-commercial use.

The LiVE by CF Content includes all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, and all other content or any description available on LiVE by CF or available via a link from LiVE by CF to a page created by Cadillac Fairview on another website.

All LiVE by CF Content is the sole property of Ravel by CF, The Cadillac Fairview Corporation Limited and/or their licensors (such as retailers and other promotional partners) and is protected by Canadian and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws.

You agree that you will not copy, attempt to reverse engineer, modify, translate or disassemble the LiVE by CF software in whole or in part, including any attempts to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of LiVE by CF. You may not use or export or re-export LiVE by CF except as permitted under the laws of Canada and the United States and the laws of the jurisdiction in which LiVE by CF was obtained. You may not copy, reproduce, perform, distribute, display, modify, translate, merge with other data, frame in another website, post on another website or create derivative works of the LiVE by CF app software or the LiVE by CF Content, in whole or in part, for the purpose of creating a competing product or service or for resale or distribution except with the prior written permission of Ravel by CF. To obtain written consent for such reproduction, please contact us at: cfprivacy@cadillacfairview.com

 

Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR STATUTORY IMPLIED REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOUR USE OF LIVE BY CF IS AT YOUR OWN RISK. LIVE BY CF IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CADILLAC FAIRVIEW DOES NOT WARRANT THAT: THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT LIVE BY CF WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO LIVE BY CF WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT LIVE BY CF IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT IS TIMELY, SECURE OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CADILLAC FAIRVIEW DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

 

Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR OF LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

UNDER NO CIRCUMSTANCES WILL CADILLAC FAIRVIEW OR ITS LICENSORS BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF, OR INABILITY TO USE, LIVE BY CF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CADILLAC FAIRVIEW DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF LIVE BY CF.

 

Indemnification

By using LiVE by CF you agree to defend, indemnify and hold harmless Cadillac Fairview, its licensors, retailers, contractors, agents and partners and their respective employees, officers, directors, contractors, agents and partners from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of your use of LiVE by CF, connection thereto, or any alleged violation by you of these LiVE by CF Terms of Service.

 

Governing Law and Disputes

Not applicable in some jurisdictions, including Quebec. These LiVE by CF Terms of Service are governed by and will be interpreted in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, without regard to any principles of conflicts of law. You agree that any action to enforce these LiVE by CF Terms of Service may be brought in the courts located in the Province of Ontario. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these LiVE by CF Terms of Service and waive any objections and defenses inconsistent with such venue.

 

Interpretation

These LiVE by CF Terms of Service constitute the entire agreement between you and Ravel by CF with respect to your use of LiVE by CF. If any provision of these LiVE by CF Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these LiVE by CF Terms of Service, any provision of these LiVE by CF Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these LiVE by CF Terms of Service, including, without limitation, the indemnification and limitation of liability provisions.

 

Changes and Termination

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, LiVE by CF (or any part thereof) with or without notice. If you wish to terminate your use of LiVE by CF, you may delete LiVE by CF or other software that you may have downloaded from us. If you delete LiVE by CF, you will no longer be able to access any previous activity.

We may amend these LiVE by CF Terms of Service by posting revisions in LiVE by CF with no additional notice to you. Please check back frequently to see the LiVE by CF Terms of Service then in effect. Your continued access to and use of LiVE by CF will constitute acceptance of the amended LiVE by CF Terms of Service. If you do not agree with these LiVE by CF Terms of Service, or any future amendments, your sole recourse is to cease use of LiVE by CF.

If you have any questions regarding these LiVE by CF Terms of Service, please contact cfprivacy@cadillacfairview.com

 

Apple / Google Terms and Conditions

If you download LiVE by CF from the Apple App Store, your use of LiVE by CF is also governed by Apple’s Terms and Conditions, including the Licensed Application End User License Agreement (available at http://www.apple.com/legal/internet-services/itunes/ca/terms.html)

If you download LiVE by CF from the Google Play Store, your use of LiVE by CF is also governed by the Google Play Terms of Service (available at https://play.google.com/about/play-terms.html).

If there is a conflict or inconsistency between these LiVE by CF Terms of Service and the Apple Terms and Conditions or the Google Play Terms of Service, then, as between you and Ravel by CF, these LiVE by CF Terms of Service will govern to the extent of that conflict or inconsistency.

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