These terms are a legal agreement between West Edmonton Mall Property Inc. or its subsidiaries and affiliated companies (“WEM”, “We” or “Us”) with respect to the WEM App and you as the user of the app or web-based portal. You should read all the terms before indicating acceptance. These terms apply to the WEM App and web-based portal, and any updates, upgrades, supplement, new features that we may introduce from time to time. If new terms accompany any of those updates, upgrades, supplements or new features, then those terms will apply. By using the app, you accept these terms. If you do not accept them, do not use the app. You are bound by these terms even if you do not read all the terms.

  1. Definitions
    1. “Personal Information” means all personal information about an identifiable individual input by  users (excluding business contact information);
    2. “Portal” means MyWEM Earn & Burn Loyalty Portal at www.mywem.ca;
    3. “Program” means the MyWEM Loyalty Program;
    4. “Program Rules” means the rules related to the Program;
    5. “Retail Partners” means any mall retailer, vendor or service provider whose information may be listed in the WEM App or Portal or who may provide advertising through the WEM App or Portal;
    6. “users”, “you” and “your” refer to any users of the WEM App or Portal.
    7. “WEM App” means the West Edmonton Mall App, including the MyWEM Loyalty program.  The term “WEM App” specifically includes any new features and tools that we may introduce from time to time under these terms. The term “WEM App” specifically excludes all Personal Information.
  2. Your Access: To access and use certain tools and features of the WEM App and Portal, you will be required to register and create an account. If you register and create an account, you are responsible for maintaining the confidentiality of your account information and password. You are responsible for all uses of your account. You agree to immediately notify us of any unauthorized use of your account. To register and create an account you must be the age of majority in your place of residence.  Quebec residents are excluded from participation in the Program.

  3. Minors. Minors who are under the age of majority in the place of residence are not permitted to use the WEM App or Portal or participate in the Program without the permission of their parent or legal guardian. If you are a minor, please do not register for the WEM App or Portal without the consent of your parent or guardian.

  4. Grant of License:  You have a license from us to access and use the WEM App and Portal for personal use. By entering into these Terms of Use, you grant to us a nonexclusive right and license to host, publish and retain archived back-ups of your account and information that you input or submit to us, in accordance with these Terms of Use and the applicable Privacy Policy.

  5. MyWEM Loyalty Program: By using the WEM App or Portal and participating in the Program, you agree to be bound by the Program Rules [LINK TO RULES], which are incorporated by reference into this agreement. The Program Rules govern loyalty points, the earning and redemption of points, and cancellation or expiry of terms.

  6. Personal Information:  As an authorized user, you may input certain Personal Information as part of your use of the WEM App or Portal. The Personal Information is covered by our Privacy Policy, which is incorporated by reference into this agreement. By agreeing to the terms of this agreement, you agree to be bound by our Privacy Policy. [LINK TO POLICY]

  7. Acceptable Use:The WEM App and Portal may be used only for authorized purposes by users who have agreed to this agreement. You must comply with all applicable federal, provincial and local laws and regulations. You must also abide by our acceptable use standards, and any acceptable use policy published by us from time to time. You may not:
    1. reverse engineer, decompile or otherwise attempt to decipher any code or any portion of the WEM App or Portal for any purpose;
    2. use the output of the WEM App or Portal for any purpose other than as permitted under this agreement;
    3. delete or revise any portion of our WEM App or Portal;
    4. distribute, sell, lease, transfer, assign, trade, rent, publish or license the WEM App or Portal as a stand-alone service to others;
    5. engage in linking or framing of any portion of our sites;
    6. aggregate, scrape, harvest or duplicate any portion of our WEM App or Portal, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the stated purposes;
    7. copy, misuse or duplicate the layout and design of our sites, or the underlying code and database structures, or any of our trade-marks.

  8. Intellectual Property Rights: You agree that the WEM App and Portal and all copyright, trade-marks, intellectual property rights, trade-secrets, and know-how related thereto, are owned by us or our licensors, and you will not contest or challenge such ownership. MyWEM is a trademark of West Edmonton Mall Property Inc. All other company names and logos displayed on our sites may be trade-marks of their respective owners.

  9. Indemnity. You agree to indemnify us, and our Retail Partners from any and all liabilities, costs, claims and expenses, including reasonable solicitor’s fees, related to any breach or violation of this agreement by you or users of your account, or in connection with (a) the uploading, posting or submission of any Personal Information by you or users of your account, (b) any breach by you of any representation or warranty, or (c) any other breach by you of this agreement or any other agreement with us.

  10. Termination Rights
    1. By Us:  In the event you breach this agreement or any other agreement with us, we may suspend or terminate your account and your access to the WEM App and Portal. We may suspend or terminate your account in the event the account is inactive and abandoned by you.
    2. By You:  You may terminate your account and cease use of the WEM App and Portal at any time.
    3. Effect of Termination: Once your account is terminated, you will not have access to the contents of that account. Your use of and redemption of any reward points will be governed by the Program Rules. To the extent there are different terms applicable to the expiry, suspension or cancellation of reward points under the Program Rules, then those terms will apply.  After termination, we reserve the right to suspend, delete or keep your account for archive purposes, or for internal compliance verification purposes.  We will retain Personal Information in accordance with these terms and the applicable Privacy Policy.

  11. General Disclaimers: While we strive for accuracy and completeness, we do not provide any guarantee or warranty with respect to the WEM App or Portal.  We expressly disclaim any and all liability in connection with the WEM App and Portal.  Since some content has been provided by others and/or compiled by us from a variety of sources including third-party providers, it is provided to you "as is" and "as available". We do not warrant or make any representations of any kind regarding the use or the results of the use of the WEM App or Portal, in terms of correctness, accuracy, reliability, or otherwise. The content in the WEM App and Portal could include technical inaccuracies, locational errors, or typographical errors.  WE ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE REWARD POINTS, DIRECTIONAL OR LOCATION DATA, PERSONAL INFORMATION, THE WEM APP, THE PORTAL, AND TO ANY MATTER RELATING TO THE WEM APP OR PORTAL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  12. RELEASE & LIMITATION OF LIABILITY: IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US AND OUR RETAIL PARTNERS OR SERVICE PROVIDERS. IN NO EVENT WILL WE (OR OUR RETAIL PARTNERS OR SERVICE PROVIDERS) BE LIABLE FOR ANY DAMAGES, LIABILITIES, COSTS, CLAIMS OR EXPENSES, WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEM APP, THE PORTAL, OR THE PERFORMANCE OF OUR SITES, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT THE AGGREGATE LIABILITY OF US OR OUR RETAIL PARTNERS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE AMOUNT OF THE FEE, IF ANY, PAID BY YOU OR THE AMOUNT OF TEN DOLLARS ($10), WHICHEVER IS GREATER.  

  13. Jurisdiction & Applicable Law:  This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein. In the event of any dispute arising under this agreement, you agree to submit to the jurisdiction of the courts in the Province of Alberta, Canada.

  14. Downtime:  The WEM App and Portal may experience temporary downtime as we perform routine maintenance or updates.

  15. Aggregated Data:  We may collect aggregate and use data that is input by users or collected by the WEM App and Portal subject to the following: (a) All aggregated data will be anonymized and stripped of Personal Information identifiers and will not be traceable back to you; and (b) we will abide by all applicable privacy protection laws and our Privacy Policy in our handling of such aggregated data.

  16. Linked Sites: Links available on our sites may link to third-party websites not maintained
    or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.

  17. Changes: From time to time we may make changes to these Terms of Use, to the Program Rules or any other associated rules or policies.  The modified version will take effect 15 days after posting on our site(s) or upon your acceptance to the modified terms, whichever occurs first.  If different terms apply to make changes within the Program Rules or Privacy Policy, then those terms will apply.  Continued use of the WEM App or Portal after the effective date will indicate your acceptance of the amended terms.  No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment.  To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the WEM App or Portal, in whole or in part, at our sole discretion, at any time, without notice.

  18. Survival:  All terms which require performance by the parties after the expiry or termination of this agreement, will remain in force despite this agreement's expiry or termination for any reason.  The following terms shall survive the termination of this agreement: 8, 9, 10, 11, 12, 13.

  19. Entire Agreement: This agreement, the Program Rules, and the Privacy Policy constitute the entire agreement between us and you with respect to your use of the WEM App and Portal and the Program. If there is any discrepancy between these terms, the Program Rules and the Privacy Policy, these terms will prevail to the extent required to resolve the discrepancy.

  20. Miscellaneous: You may not assign or transfer the rights granted to you under this agreement without our prior written consent.  We may assign this agreement to a third-party upon written notice to you. Any failure by us to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of the terms and conditions of this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions.  The parties have required that this agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. This agreement may be agreed to by electronic acceptance.