The Promenada Novi Sad website, available at www.promenadanovisad.rs is owned by NE Property BV (the “Company”), WTC Zuidas, Tower 10, 5th Floor, Strawinskylaan 563, 1077 XX Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce under No. 34285470

Notification Concerning the Processing of Personal Data, available here: Information Notice <please insert link to the Shopping Centre Information Notice> is part of these Terms and Conditions, and describes in detail how we collect, use and process Users' information when they browse the Website, as well as their rights regarding their personal data. 

In order to use the Website, users must be minimum 16 years old and agree to this Terms and Conditions regulation.

By accessing and using the Website, the User acknowledges and, where applicable, accepts these Terms and Conditions, as well as other relevant policies for the Website.

If you do not agree to these Terms and Conditions or a part of these Terms and Conditions, please do not use the Website in any way.

Website

https://promenadanovisad.rs/

Company

NE Property BV, WTC Zuidas, Tower 10, 5th Floor, Strawinskylaan 563, 1077 XX Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce under No. 34285470, part of the NEPI Rockcastle Group.

Group

Any other entities of NEPI Rockcastle group. The list of NEPI Rockcastle Group companies can be found here: www.nepirockcastle.com.

NEPI Rockcastle

A company organized under Isle of Man law, registered under no.  001211V, having its registered office in Lord Street, Douglas, Isle of Man, IM1 4LN, Et. 2, Anglo International House.

User/Users

Any user/users navigating and/or reading and/or using and/or signing up the Website and/or subscribe to the Newsletter.

Agreement

Means the Agreement executed between the User and the Company, according to these Terms and Conditions.

Third Party Partners

Third Party Partners refers to partners on whose behalf we communicate with Users, and are divided into: tenants of NEPI Rockcastle group’s shopping centers, mass-media partners, collaborators and event planners.

The full list of Third Party Partners in the Promenada Novi Sad is updated quarterly and can be found here: - website link to tenants

Third Party Partners do not have access to Users’ personal data, except when the Company procured the prior consent of an User in this regard.

Joint Partners

Companies:

• CRM solution provider

• Website development and maintenance service providers

Declare that they are joint partners with the Company within the meaning of the provisions of of Republic of Serbia and that the object of the contract or association is closely linked to the fulfilment of the Company's obligations towards the users in relation to the delivery of services on the site.

The Joint Partners are Responsible for complying with the obligations regarding the protection of personal data to which they have access or which they receive from the Company or any other company in the Group.

Personal Data

Any information about the User that allows him/her to be identified directly or indirectly, including but not limited to name, surname, gender, date of birth, e-mail address, mobile phone number, whether he/she is married, whether he/she has children, age of children, etc. and that is provided by the User for the purpose of participating in campaigns, subscribing to the Newsletter, sending opinions and suggestions, publishing materials or for any other purpose.

Consent to Personal Data Processing

Means any freely given, specific, informed and unambiguous indication of the Data Subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the Processing of Personal Data concerning him/her.

Data Protection Officer

The Company and/or the Joint Partners shall appoint a person responsible for informing and advising the controller, or processor, and processing employees of their obligations under the law as well as monitoring compliance with data protection laws and the controller's or processor's policies on the protection of personal data, cooperating with the supervisory authority, acting as a point of contact for the supervisory authority on processing issues.

The contact person of the Company or other companies in the NEPI Rockcastle group, i.e. the Data Protection Officer, can be reached at:

data.protection.serbia@nepirockcastle.com

Users can access the Website by going to www.promenadanovisad.rs;

Access to and use of the Website constitutes the User's express and unequivocal consent to enter into the Agreement which includes these Terms and Conditions.

The agreement between Company and User wishing to create an Account on the Website is executed only if all steps listed below are followed:

·        User accesses the website www.promenadanovisad.rs;

·        User reads carefully these Terms and Condition, Notification Concerning the Processing of Personal Data, available here: Information Note;

By accepting these Terms and Conditions, the User acknowledges that any other subsequent or simultaneous commitments in relation to these Terms and Conditions are replaced by these Terms and Conditions. These Terms and Conditions does not create rights for third persons.

The agreement is deemed executed for indefinite period.

Users are not entitled:

·        to access and use the Website for purposes and by means which qualify as a misuse;

·        to use the Website in a such a manner or take any action which causes or might cause damages to the Website or deterioration of the Website performance, availability or accessibility;

·        to use the Website in any illegal, fraudulent or injurious manner or in connection with any illegal, fraudulent or injurious activity;

·        to use the Website in order to copy, store, host, transmit, use, publish or distribute any materials containing (or related to) spyware, computer viruses, Trojan horse, worms or any other computer malware software;

·        to carry out any systematic or automatic data collection activities (including, but not limited to data retrieval and collection) regarding to or in relation to the Website, without the Company’s prior written consent;

·        to use the data collected from the Website for any direct or indirect marketing activities, including, but not limited to email marketing, SMS marketing, telemarketing and direct marketing by post;

·        to use the data collected from the Website in order to contact natural, legal persons or other persons and entities.

The general legal framework governing the protection of personal data is the Law on Personal Data Protection (Official Gazette no. 87/2018) (the "Law") applicable in Republic of Serbia.

Website www.promenadanovisad.rs uses cookies. For more information about personal data collected by cookies files, User must consult the Cookies Policy available here: Cookie Policy. <insert link to the Shopping Centre's Cookie Policy>

More information on how we process your personal data when you access and use the Website, including when you sign up to campaigns organized by the Company through the Website, including how you can withdraw your consent, can be found in the Personal Data Processing Information Notice available here: Information Note

The Company observes other persons’ intellectual property rights and requires Users to comply with any intellectual property rights owned by the Company or third persons.

The Website’s content and graphics including, but not limited to the entire textual context, technical sources of all existing and future services and facilities, are owned by the Company and/or its business Partners, as appropriate. These are protected by copyrights, trademark rights and other laws and treaties. The Company assumes no liability for the veracity of intellectual property rights owned by its business Partners and which are used on the Website following the latter’s agreement. In the event that the website’s content includes specific reference to Company’s business Partners, either to their intellectual property rights or business activities pursued by them, namely marketing campaigns, products and services, prices, etc., the Company bears no liability for the accuracy and legality of such information made fully available by its business Partners, the latter bearing the entire legal liability for such content.

By using certain Website’s specific tools, where specified, Users assign to the Company their intellectual property rights including, but not limited to texts published on the Website, files loaded on the Website.

Users must observe all intellectual property rights of the Company as well as of its business Partners promoted on the Website, provided by the legislation in force. Users are prohibited to use any image, trademark or sign belonging to the Company or third parties, if they did not procure the prior written consent of the legal holders.

Users may view, download and print Website’s pages only for their personal use which is subject to the restrictions below or to any other clauses in these Terms and Conditions. Any use of content for purposes other than the personal use, may be done only with the Company’s prior written consent and by indicating the source of information.

In this regard, Users are not allowed:

• to republish materials from the Website (including republication on other websites);

• to sell, lease or sublicence materials from the Website;

• to disclose to the public any materials from the Website;

• to reproduce, duplicate, copy or use the materials from the Website for marketing purposes;

• to redistribute materials from the Website, except for specific content or expressly made available for redistribution.

Requests for using the Website’s content for purposes other than the personal use can be sent to Boulevard oslobodjenja 119, 21000 Novi Sad, or by email to info@promenadanovisad.rs

These Terms and Conditions do not grant Users any right, title or interest regarding the Website, content owned by other persons and published on the Website, trademarks, signs or other intellectual property rights held by the Company.

Considering that the Company wishes to improve Users’ experience on the Website, it encourages opinions and suggestions; however, the Company may use comments or suggestions without any obligation to the Users.

Opinions and suggestions can be sent to Promenada Novi Sad, address at Boulevard oslobodjenja 119, 21000 Novi Sad, or by email to info@promenadanovisad.rs

No situation when the Company fails to act immediately to enforce one of its rights will be deemed a waiver to such right or its enforcement.

If any provision of these Terms and Conditions will be held invalid or ineffective, the other provisions will not be affected thereby and will remain in force and fully valid being interpreted in the largest extent permitted by law.

In the case described above, the invalid or ineffective provision will be replaced by another provision legally accepted that best approximates the Company’s initial purpose. This applies also for omissions.

Users may not assign their rights in part or in full, pursuant to these Terms and Conditions.

The Company may assign its rights to any of its subsidiaries or to any other NEPI Rockcastle group companies, or to any successor in title associated with the Website.

The Company makes the Website available AS SUCH, WITH ALL ITS FLAWS and AS IT IS AVAILABLE, without any express or implied guarantee. WE ALSO DECLINE ANY GUARANTEE, INCLUDING ANY MARKETING GUARANTEE, SATISFACTORY QUALITY, ACCURACY FOR A SPECIAL PURPOSE OR NEED. WE DO NOT GUARANTEE THAT THE RESULT WHICH CAN BE OBTAINED BY USING THE WEBSITE WILL BE EFFECTIVE, SAFE OR ACCURATE OR MEET THE USER’S REQUIREMENTS.

The Company does not guarantee that the Website will be constantly available.

If maintenance works are required and the Website is unavailable for maintenance reasons, the Company will inform the User when they access the Website.

The Company will not be liable for internet/network drop and, in particular, for drops due to which the Website cannot be accessed following technical or other difficulties that the Company is unable to control, such as force majeure, third parties fault.

The Company is not liable for inaccurate and/or untrue personal data provided by Users, particularly for those provided by minors aimed to create the appearance of being at least 16 years old for the purpose of creating an Account on the Website.

The User acknowledges that the Company has no control nor obligation to act with respect to:

• third party content that is accessed by the User through the Website;

• the content’s effect on the User, accessed through the Website;

• interpretation or usage of Website’s content by the User;

• the actions taken by the User after accessing the Website’s content;

• content or accuracy, compliance with copyright, legality or decency of materials/information found on the links to other websites, privacy policy and terms and conditions regulation applied by such websites. The prior consultation of legal terms and other information related to personal data collection is recommended. The rules contained herein are applicable only for information collected on this Website;

• damages produced by errors, inaccuracy or failure to update the information published on the Website and originating from external sources;

• damages arising due to a failure of the Website or from the impossibility to access certain links published on the Website.

  • The Company is not liable for any indirect, special, incidental damage resulting from the use of or incapacity to use the Website.

• The User acknowledges that products or promotions published on the Website do not belong to the Company but to its business Partners, and that the prices displayed are given for information purposes and are subject to unannounced changes for which the Company bears no legal liability. Presentations displayed on the Website regarding products, services and promotions presented on the Website belong exclusively to business Partners which are fully liable under the law for the information provided.

• The User acknowledges that the Company is not liable for any loss, costs, trial, claims, expenses or other liabilities if these are directly caused by failure to comply with these Terms and Conditions.

• The User acknowledges that if prices or other details related to products/promotions of Company’s business Partners were wrongly displayed, the Company reserves the right to change the information displayed on the Website bearing no liability in this regard.

• User understands that images are displayed on the Website as an example, and the delivered products of Company’s business Partners can differ in any way both in terms of image as well as due to changes in the characteristics, design, and the Company will not be made liable in this regard.

• The Company guarantees the optimal Website performance only by using Internet Explorer browser version 9 (at least), Google Chrome, Mozilla Firefox, Safari.

These Terms and Conditions are governed by and interpreted in accordance with the Serbian law.

The parties will amicably settle any dispute in connection with these Terms and Conditions within 15 business days as of the User’s written notice in this regard. In the event that the parties fail to reach an agreement, such dispute will be settled by the competent Serbian court.

Consumers may not waive their rights under the law. Any contractual clauses that remove or limit the consumers’ rights under the law will have no legal effects on them.

These Terms and Conditions have been updated on [update date].

The Company reserves the right to revise and update these Terms and Conditions at any time. 

Therefore, please check the relevant section of the Terms and Conditions when you visit the Website, because it may have changed since the last visit.

If you have any questions about the information contained in this page please write us at data.protection.serbia@nepirockcastle.com.

In the event that an amendment/supplement prejudices the User’s rights, the Company will inform the User by sending a message to the email addresses associated with the Account.

By continuing to use the Website after enforcement of certain amendments/supplements, the User agrees to observe such amendments/supplements.

IF THE USER DOES NOT WISH TO ACCEPT THESE TERMS AND CONDITIONS, INCLUDING THEIR AMENDMENTS/SUPPLEMENTS, THE USER MUST STOP USING THE WEBSITE.