Terms of Service
Last Updated: August 03, 2023. 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 and special offers. LIVE by CF is provided by The Cadillac Fairview Corporation Limited. References to "Cadillac Fairview" means The Cadillac Fairview Corporation Limited and its affiliates. 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
LIVE by CF is the best way to make the most of your trip to Cadillac Fairview shopping centres. LIVE by CF offers you a unique shopping experience by providing you with access to products and offers from stores in select Cadillac Fairview shopping centres before and during your shopping trip. LIVE by CF’s search and filter afeatures assist you with making informed decisions about your purchases. The wayfinding tool allows you to map out a route between stores. If you enable location-based services, LIVE by CF will help you find the Cadillac Fairview shopping centre nearest to you.LIVE by CF does not track your movements.
Guest Profiles and Personal Profiles
You do not need to register or create an account in order to use LIVE by CF. We will create a guest profile for your device. However, if you want to make a service request or add aa CF SHOP! MastercardⓇ Gift Card or other CF SHOP! Gift Card, you will need to create a personal profile., We may change the features or functionality of LIVE by CF that require a personal profile and the features or functionality that is accessible through your profile at any time with or without notice in our sole discretion. Your sole recourse is to terminate your use of LIVE by CF. You can create a personal profile using your email address or by using social sign-in options, such as your Google or Apple account. If you use social sign in, the social media account you use will provide us with your email address, depending on your permissions. You are responsible for maintaining the confidentiality of your personal profile password. You are responsible for all activities that occur under your personal profile. Cadillac Fairview does not have any responsibility if you lose or share access to your device. We may suspend or terminate your LIVE by CF profile if you violate these LIVE by CF Terms of Service or it is necessary to do so to protect the security of LIVE by CF, Cadillac Fairview or any of our service providers. In addition, your LIVE by CF profile and associated features may be unavailable from time to time for maintenance or due to the services of our third party service providers being unavailable.
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 the Cadillac Fairview shopping centre you are visiting if you have enabled location-based services or that you choose as your preference 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 to the retailer, promotional partner or their licensors. Please review the retailer’s privacy policy, terms and conditions, and terms of sale, including the policies regarding refunds and exchanges, before making a purchase from retailers. 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.
Contests
Contests offered through LIVE by CF will be governed by additional terms and conditions. Please consult the applicable official contest rules.
CF SHOP! card and CF SHOP! Mastercard Gift Card
If you have created a personal profile, you can add CF SHOP! card Gift Cards to LIVE by CF to track the balance on your CF SHOP! card gift cards and recent transactions as you use them. You can also claim your CF SHOP! Mastercard Gift Card and then add it to your Apple Pay® or Google Pay® digital wallet or access your card information directly from LIVE by CF app. Use of CF SHOP! card gift cards is governed by the Prepaid Card Cardholder Agreement. CF SHOP! card gift cards are managed by EML Payments Canada, Ltd. Use of your CF SHOP! Mastercard® Gift Card is governed by the CF SHOP! Mastercard Gift Card Cardholder Agreement. Apple Pay® and Google Pay® are third party services. Cadillac Fairview is not responsible for those digital wallets. Please refer to the Apple Pay Terms of Use and the Google Payments Terms of Use for additional terms. For assistance with your CF SHOP! card or CF SHOP! Mastercard Gift Card and to register your card with EML Payments Canada, Ltd., visit www.cfregister.ca.
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:
infringes or violates the rights of any other party (including but not limited to trademark, patent, copyright, publicity or other proprietary rights);
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;
constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
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;
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;
causes the upload of any content that contains any form of destructive software;
uses any robots, spiders, or similar data mining tool to access, acquire, copy, or monitor any portion of LIVE by CF;
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;
attempts to gain unauthorized access to LIVE by CF, other computer systems or networks connected to LIVE by CF;
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;
interferes with or disrupt networks or servers connected to LIVE by CF; or
facilitates or encourages 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 Cadillac Fairview, Attention: Chief Privacy Officer, 20 Queen Street West, Suite 500, Toronto, ON M5H 3R4; livebyCF@cadillacfairview.com.
Minors
LIVE by CF is not directed at children under the age of 14. YOU MUST NOT CREATE A PERSONAL PROFILE IF YOU ARE UNDER THE AGE OF 14. If you are the parent or guardian of a child under 14 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 14 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.
If you are a parent or legal guardian, you are responsible for your child’s use of LIVE by CF. Please note that third parties offer parental control protections for mobile phones, tablets, and other computers that may assist you in limiting access to LIVE by CF if you do not want your child to use LIVE by CF. We do not endorse any particular third party provider of parental control protections.
Consent to Location-Based Services
You can also enable location-based services so that we can help you find the Cadillac Fairview shopping centre nearest to you. Location-based services also allow us to show you search results, offers and promotions for the Cadillac Fairview shopping centres you are visiting. We do not track your movements. 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 Cadillac Fairview, 20 Queen Street West, 5th Floor, Toronto, ON M5H 3R4, or email livebyCF@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 The Cadillac Fairview Corporation Limited 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 The Cadillac Fairview Corporation Limited and/or itslicensors (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 Cadillac Fairview. To obtain written consent for such reproduction, please contact us at: livebyCF@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 REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CADILLAC FAIRVIEW DOES NOT REPRESENT OR 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 LIVE BY CF OR 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.
Quebec
If you are ordinarily resident of Quebec, you are only entitled to those warranties that are expressly required by law and that cannot be disclaimed and we limit and disclaim our liability to the fullest extent permitted by applicable Quebec law.
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, including activities under your personal profile, or any alleged violation by you of these LIVE by CF Terms of Service.
Intellectual Property Infringement Reporting
If you own copyright, trademark, patent, or other intellectual property rights or are the authorized agent for such an owner, and you have a good faith belief that content on LIVE by CF violates those intellectual property rights, you may report your concern by submitting a complaint to livebyCF@cadillacfairview.com.
Governing Law and Disputes
Not applicable to individuals ordinarily resident of 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.
If you are ordinarily resident in Quebec, These LIVE by CF Terms of Service are governed by and will be interpreted in accordance with the laws of the Province of Quebec 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 Quebec. 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 Cadillac Fairview 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 even if you have created a personal profile. 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 at any time 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 livebyCF@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 Cadillac Fairview, these LIVE by CF Terms of Service will govern to the extent of that conflict or inconsistency.
You can find the previous version of our Terms of Service here. CF SHOP! Mastercard® Gift Card is issued by Peoples Trust Company under license from Mastercard International Incorporated. ® a registered trademark of The Cadillac Fairview Corporation Limited. Mastercard® is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. ® Trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. ™ Google Pay is a registered trademark of Google Inc. Google Play logo is a trademark of Google Inc.