Terms Special Location

Capilano Mall

THESE TERMS AND CONDITIONS (“TERMS”) ARE IN ADDITION TO THE TERMS OF USE (“TERMS OF USE”) AVAILABLE ONLINE AT HTTPS://WWW.VIRTUALEASTER.CA/TERMS-AND-POLICY. THE TERMS AND TERMS OF USE GOVERN YOUR USE OF THE VIRTUAL EASTER APP PUBLISHED BY MIRABLE INC. AS UPDATED FROM TIME TO TIME. BY ACCESSING, DOWNLOADING AND USING THE VIRTUAL EASTER APP (“APP”) TO PARTICIPATE IN THE VIRTUAL EASTER EGG HUNT AT CAPILANO MALL (The “EXPERIENCE”) YOU AGREE TO BOTH THESE TERMS AND THE TERMS OF USE. IF YOU DO NOT AGREE TO BOTH THESE TERMS AND THE TERMS OF USE YOU MAY NOT USE THE APP FOR PURPOSES OF PARTICIPATING IN THE EXPERIENCE. YOUR USE OF THE APP TO PARTICIPATE IN THE EXPERIENCE CONSTITUTES YOUR CONSENT TO THESE TERMS AND THE TERMS OF USE.

1. Contractual Relationship

These Terms are a legally binding contract between you and QuadReal Property Group Limited Partnership (“QuadReal”, “we” or “us”). By using the App and participating in the Experience, you agree to be bound by these Terms and Terms of Use. If you do not agree to these Terms and Terms of Use, or cannot comply with these Terms and Terms of Use, you may not use the App or participate in the Experience.

Our collection and use of personal information in connection with the Experience and Contest (as defined below) will be treated in accordance with QuadReal’s privacy policy which can be accessed at https://www.capilanomall.com/privacy-policy.

The App and the Experience may contain links to third party websites or resources. QuadReal is not responsible for the content, products or services available from those websites or resources.

These Terms will be exclusively governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

2. Participation in the Experience

To participate in the Experience you must be 18 years of age or older. Participation in the Experience must be for non-commercial purposes. You must comply with these Terms, the Terms of Use and all applicable laws. We retain the right, in our sole discretion, to terminate your participation in the Experience at any time for breach of these Terms or Terms of Use.

Children under 18 years of age who, together with their parents and legal guardians, otherwise meet the participation requirements in this Section 2 will be permitted to participate in the Experience with the prior consent of the entering child’s parent or legal guardian to these Terms. The parent or legal guardian of the child must supervise at all times the child’s use of the App and participation in the Experience.

Availability of the App and the Experience cannot be guaranteed and is subject to change and/or cancellation at any time without notice and with no further liability or compensation from QuadReal.

3. Safe and Appropriate Use

When using the App and participating in the Experience, please play safely and be aware of your surroundings. Without limiting the disclaimers and limitation of liability set out in these Terms and the Terms of Use, you agree that your use of the App and participation in the Experience is at your own risk, and that you will not violate any applicable law, regulation, policies or instructions outlined in these Terms or the Terms of Use or as may be posted at the Capilano Mall property from time to time.

You agree that in conjunction with the use of the App and participation in the Experience, you will maintain safe and appropriate distance from other people. You will not harass, threaten or otherwise violate the rights of any other person in the course of using the App or participating in the Experience. You agree to only access the Capilano Mall property during posted mall hours and you will not trespass, or in any other manner attempt to gain access to the property or location where you do not have a right or permission to be. In the course of participating in the Experience, you will not act in a manner that may result in injury, death, property damage or liability of any kind, either to you or to any other person.

In the event of a dispute between you and a third party in the course of using the App or participating in the Experience, you agree to release and indemnify us from any and all claims, demands or damages of every kind arising out of or in any way connected with your dispute.

4. Participation in the Contest

In conjunction with the Experience, QuadReal has organized the Virtual Easter Egg Hunt Contest (the “Contest”). The Contest is subject to these Terms and additional terms and conditions, including eligibility requirements, as set out in the contest rules which can be accessed at https://www.capilanomall.com/events-promotions (the “Contest Rules”). You must also agree to the Contest Rules to participate in the Contest.

4. Disclaimers and Limitation of Liability

DISCLAIMER. QUADREAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES ABOUT THE APP OR THE EXPERIENCE. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE QUALITY OR SUITABILITY OR AVAILABILITY OF THE APP OR THE EXPERIENCE. YOU AGREE THAT WE HAVE NO LIABILITY TO YOU FOR ANY PROBLEMS CAUSED BY THE APP OR THE EXPERIENCE TO YOU OR YOUR ELECTRONIC DEVICE. YOU ACKNOWLEDGE THAT QUADREAL RELIES UPON THIRD PARTY PROVIDERS IN DELIVERING THE APP AND THE EXPERIENCE INCLUDING, BUT NOT LIMITED TO, DOWNLOADING THE APP, REGISTRATION, TECHNOLOGY PLATFORMS, CELL PHONE NETWORKS, HOTSPOTS, WIRELESS INTERNET AND OTHER SERVICES, AND YOU AGREE THAT WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING SUCH THIRD PARTY PROVIDERS AND THEIR APP OR SERVICES AND HAVE NO LIABILITY TO YOU ARISING FROM THE APP OR THE EXPERIENCE OR ANY REPRESENTATION OR WARRANTY, IF ANY, MADE BY SUCH THIRD PARTY PROVIDERS.

ASSUMPTION OF RISKS. YOU AGREE THAT BY USING THE APP AND PARTICIPATING IN THE EXPERIENCE YOU WILLINGLY, KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS AND HAZARDS TO PARTICIPATING IN THE EXPERIENCE, INCLUDING, WITHOUT LIMITATION, INJURY, DEATH, DAMAGE, LOSS OR THEFT OF PROPERTY. YOU ACKNOWLEDGE THAT PARTICIPATION IN THE EXPERIENCE HAS INHERENT AND UNFORESEEN RISKS INCLUDING, BUT NOT LIMITED TO, CONTACT WITH STRANGERS, COLLISION WITH PERSONS OR OBJECTS, HAZARDS, AND INADEQUATE FIRST AID. YOU AGREE TO TAKE ALL REASONABLE PERCAUTIONS BEFORE PARTICIPATING IN THE EXPERIENCE, INCLUDING BUT NOT LIMITED TO, WEARING APPROPRIATE CLOTHES AND ENSURING YOU ARE IN GOOD HEALTH BY CONSULTATION WITH YOUR DOCTOR.

RELEASE OF LIABILITY. YOU AGREE TO WAIVE ANY AND ALL CLAIMS AND TO RELEASE QUADREAL FROM ANY AND ALL LIABILITY FROM ANY LOSS, DAMAGE, EXPENSE OR INJURY, INCLUDING DEATH, THAT YOU MAY SUFFER AS A RESULT OF DOWNLOADING THE APP OR PARTICIPATING IN THE EXPERIENCE, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT (OR EQUIVALENT PROVINCIAL LEGISLATION) ON THE PART OF QUADREAL OR ANY OF ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, SPONSORS, SUCCESSORS AND ASSIGNS. YOU UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF QUADREAL TO SAFEGUARD OR PROTECT YOU FROM THE RISKS, DANGERS AND HAZARDS OF DOWNLOADING AND USING THE APP OR PARTICIPATING IN THE EXPERIENCE.

THE LIMITATIONS AND DISCLAIMERS IN THE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

5. General Terms

Indemnity. You agree to indemnify and hold us and our officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) your use of the App or participation in the Experience; (ii) your breach or violation of any of these Terms or Terms of Use; or (iii) your violation of the rights of any third party in the course of your use of the App or participation in the Experience.

Governing Law. Except as otherwise set forth in these Terms, these Terms will be exclusively governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

General. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof will to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms will not be affected. In that event, the parties will replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms and the Terms of Use constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

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