CF Concierge provides authorized users with access to building services in Cadillac Fairview buildings. CF Concierge’s services include helpful building information, events and offers, transit updates, links to services such as CF Eats, and more. You may also be able to use CF Concierge for mobile key access instead of using a physical passcard for select Cadillac Fairview buildings.

To be eligible to use CF Concierge, a building occupant in one of our participating Cadillac Fairview properties must enter into a services agreement with Cadillac Fairview and must authorize you to access and use the CF Concierge services. The types of services that you are authorized to access depends on the permissions and subscriptions that have been authorized by the building occupant that approved your account and may change at any time without notice to you. You agree that any dispute about the types of services you are entitled to receive through CF Concierge is between you and the building occupant that approved your use of CF Concierge. Before accessing and using the CF Concierge services, you must agree to the CF Concierge Terms of Service. You are responsible for ensuring that the information provided to establish your account is accurate and complete. You are also responsible for all activities under your account. Your account and/or your ability to use CF Concierge may be revoked or suspended if (i) the building occupant that approved your account revokes your access, (ii) you violate these Terms of Service, (iii) to protect the security or integrity of CF Concierge or to protect Cadillac Fairview or other users of CF Concierge; (iv) you report your device lost or stolen; (v) Cadillac Fairview discontinues CF Concierge, or (vi) Cadillac Fairview determines (in its sole discretion) that you no longer meet the requirements for eligibility to use CF Concierge or that your account is inactive. Although we may revoke or suspend your account for these reasons, we are not obligated to do so.

If we revoke your account or discontinue CF Concierge, any data stored in your account may be permanently deleted. In addition, Cadillac Fairview or the building occupant that authorized your account may set data retention limits. Once these limits are reached, we may delete data without notice to you.

Although we take care to secure your information, no system of safeguards can provide you with a guarantee of security. You have a responsibility to keep your personal information and your use of CF Concierge secure. Please take the following steps to help secure your personal information

• install the latest security updates and anti-virus software on your device to help prevent malware and viruses

• use the latest version of CF Concierge

• change your account password frequently

• use complex passwords to lock your device and mobile applications. Complex passwords include capital letters, numbers and special symbols

• do not use the same password for multiple sites

• do not share your password with others

You must report the loss or theft of your device immediately to the CF Security Office and the office/facility administrator for the building occupant that authorized your account. You may also report the loss of your device to concierge@cadillacfairview.com Reporting the loss or theft of your device to Cadillac Fairview may result in the suspension of your account but does not replace the need for you to report the loss of your device to the building occupant that authorized your account.

CF Concierge contains in-app advertisements, offers, promotions and other sponsored content. Cadillac Fairview is not responsible for third-party websites or content provided by third parties. Any links to third-party websites are offered as a convenience to you. Cadillac Fairview does not endorse, and we are not responsible for, any content, advertising, products, services or other materials on or available from these third-party websites. You assume full responsibility for your use of third-party websites. The CF Concierge 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.

Your account may include access to a mobile key that allows you access to Cadillac Fairview properties and the premises of the building occupant that authorized your account. You agree to only use the mobile key in accordance with the permissions granted to you by Cadillac Fairview and/or the building occupant that authorized your account and the policies and procedures governing your access. You will not attempt to circumvent any access or building security controls. The mobile key services will record each time you use the mobile key and the card location of the card reader that reads your mobile key. We share information with our building occupants about who is using mobile keys to enter their premises and in connection with an incident that affects them. We also share personal information about incidents in order to investigate the incident, file an insurance claim, report to or assist police in an investigation, and to respond to or prevent a danger to health, life or property. Please see the CF Concierge Privacy Notice for more information.

You are responsible for knowing and obeying all applicable laws relating to a product or service and your use of CF Concierge. You will not use CF Concierge 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 CF Concierge;

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 CF Concierge;

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 CF Concierge;

9. attempts to gain unauthorized access to CF Concierge, other computer systems or networks connected to CF Concierge;

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 CF Concierge; or

12. facilitates or encourages any of the foregoing conduct.

CF Concierge may contain features that allow users to interact with Cadillac Fairview, other users of CF Concierge or third parties or to upload Content. Content may include text, images, sound or other data. You agree that the user who uploaded the Content is solely responsible for the Content. We have no duty to monitor the Content; however, we may, in our sole discretion remove Content that violates these CF Concierge Terms of Service or to protect Cadillac Fairview or any third-party.

You must be at least 13 years of age to use CF Concierge. If you are between 13 years of age and the age of majority in the jurisdiction in which you are using CF Concierge, you must only use CF Concierge under the supervision of your parent or legal guardian who agrees to this CF Concierge Privacy Notice, this will open in a new tab and the building occupant who authorized your use of CF Concierge. If you are a parent or legal guardian of a minor or the building occupant who authorized a minor to use CF Concierge, you must monitor and supervise the use of CF Concierge by the minor and you are responsible for all actions of the minor.

You may receive push notifications or emails for building announcements, events and offers and interactive services. You can turn off push notifications at any time by adjusting your device settings. You can unsubscribe from commercial electronic messages by using the unsubscribe links.

We want you to use the most recent version of CF Concierge to ensure you have the latest features, bug fixes and more. By downloading or installing CF Concierge, you consent to the installation of CF Concierge 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 CF Concierge. You agree to use the most current version of CF Concierge available in Apple App Store or Google Play, and understand that we may only support the most current version of CF Concierge. 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 CF Concierge. To request assistance with the removal or disabling of CF Concierge, please contact us at Cadillac Fairview, 20 Queen Street West, 5th Floor, Toronto, ON M5H 3R4, or email concierge@cadillacfairview.com CF Concierge works by communicating with Cadillac Fairview and its service providers to provide you with the functionality in CF Concierge. THEREFORE, YOU ACKNOWLEDGE AND UNDERSTAND AND AGREE that CF Concierge (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 CF Concierge Terms of Service (and as described where you downloaded CF Concierge) 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 CF Concierge Privacy Notice, this will open in a new tab . Your telecommunications services provider may impose data charges when you use CF Concierge or data charges for updating or upgrading CF Concierge if you have not restricted updates and upgrades to wi-fi connections.

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

The CF Concierge app software and any third-party services (including software source and object codes) are protected by copyright and other intellectual property rights of Cadillac Fairview and its third-party licensors and service providers. The CF Concierge app is licensed to you, not sold. We grant you a non-exclusive, non-transferable, limited licence to install CF Concierge on a single mobile device, tablet, or similar technology and to cache and display the CF Concierge Content solely in connection with our services for your personal, non-commercial use. The CF Concierge 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 CF Concierge or available via a link from CF Concierge to a page created by Cadillac Fairview on another website. All CF Concierge Content is the sole property of Cadillac Fairview or its licensors and third party service providers 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 CF Concierge 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 CF Concierge. You may not use or export or re-export CF Concierge except as permitted under the laws of Canada and the United States and the laws of the jurisdiction in which CF Concierge 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 CF Concierge app software or the CF Concierge 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: concierge@cadillacfairview.com

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 CF CONCIERGE IS AT YOUR OWN RISK. CF CONCIERGE 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 CF CONCIERGE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO CF CONCIERGE WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT CF CONCIERGE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT CF CONCIERGE 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.

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, CF CONCIERGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CADILLAC FAIRVIEW DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS (INCLUDING ANY LOSS OF DATA), 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 CF CONCIERGE. YOUR RIGHTS AND OUR OBLIGATIONS MAY BE FURTHER LIMITED BY THE AGREEMENT THAT WE HAVE ENTERED INTO WITH THE BUILDING OCCUPANT THAT AUTHORIZED YOUR ACCOUNT.

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. IN ADDITION, YOUR RIGHTS AND OUR OBLIGATIONS MAY BE FURTHER LIMITED BY THE AGREEMENT THAT WE HAVE ENTERED INTO WITH THE BUILDING OCCUPANT THAT AUTHORIZED YOUR ACCOUNT.

By using CF Concierge 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 CF Concierge or any alleged violation by you of these CF Concierge Terms of Service, including, without limitation, the violation of any third party’s privacy or intellectual property rights.

CF Concierge is powered by technology and services provided by HqO, Inc. 38 Chauncy St. 12th Floor, Boston, Massachusetts, 02111. In the event of a dispute between you and Cadillac Fairview, your sole recourse is against Cadillac Fairview. If you do seek a remedy against HqO, HqO is a third-party beneficiary of Cadillac Fairview’s rights, disclaimers of liability, limitations of liability and indemnities under these Terms of Service. This means that HqO may enforce Cadillac Fairview’s rights and your obligations under this Agreement for HqO’s own benefit.

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 CF Concierge violates those intellectual property rights, you may report your concern by submitting a complaint to concierge@cadillacfairview.com.

These CF Concierge Terms of Service are governed by and will be interpreted in accordance with the laws of the Province in which you are ordinarily resident. If you are not ordinarily resident in Canada, these CF Concierge Terms of Service are governed by 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 CF Concierge Terms of Service may be brought in the courts located in the Province in which you are ordinarily resident or, if you are not ordinarily resident in Canada, in the City of Toronto 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 CF Concierge Terms of Service and waive any objections and defenses inconsistent with such venue.

These CF Concierge Terms of Service constitute the entire agreement between you and Cadillac Fairview with respect to your use of CF Concierge. If any provision of these CF Concierge 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 CF Concierge Terms of Service, any provision of these CF Concierge Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these CF Concierge Terms of Service, including, without limitation, the indemnification and limitation of liability provisions.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, CF Concierge (or any part thereof) with or without notice. If you wish to terminate your use of CF Concierge, you may delete CF Concierge or other software that you may have downloaded from us. If you delete CF Concierge, you will no longer be able to access any previous activity. We may amend these CF Concierge Terms of Service by posting revisions in CF Concierge with no additional notice to you. Please check back frequently to see the CF Concierge Terms of Service then in effect. Your continued access to and use of CF Concierge will constitute acceptance of the amended CF Concierge Terms of Service. If you do not agree with these CF Concierge Terms of Service, or any future amendments, your sole recourse is to cease use of CF Concierge. If you have any questions regarding these CF Concierge Terms of Service, please contact concierge@cadillacfairview.com

CF Concierge may be subject to Canadian or United States export controls. You may not export or re-export the object code, source code or other software comprising CF Concierge or any integration into CF Concierge in violation of Canadian and U.S. export laws.

You may not assign these CF Concierge Terms of Service to any third party. If you wish to terminate these CF Concierge Terms of Service, you must provide us notice to concierge@cadillacfairview.com and uninstall CF Concierge from all of your devices. Termination of these Terms of Service will not affect any of our rights that have accrued prior to your termination. We may terminate the CF Concierge Terms of Service at any time on notice to you or the building occupant that authorized your account.

If you download CF Concierge from the Apple App Store, your use of CF Concierge 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, this will open in a new tab). If you download CF Concierge from the Google Play Store, your use of CF Concierge is also governed by the Google Play Terms of Service (available at https://play.google.com/about/play-terms.html, this will open in a new tab). If there is a conflict or inconsistency between these CF Concierge Terms of Service and the Apple Terms and Conditions or the Google Play Terms of Use, then, as between you and Cadillac Fairview, these CF Concierge Terms of Service will govern to the extent of that conflict or inconsistency.