Terms and Conditions
Terms and Conditions
This website is operated by Eltham Village Shopping Centre (we, us, our) and the following applies to your use of this website and any other service we offer to you through newsletters competitions or other activities for which you subscribe to be involved (Member Benefits). By using this website and/or receiving any Member Benefits you agree to accept these terms and conditions which you agree may be varied by us from time to time. If at any time you do not agree to be bound by the terms and conditions detailed on this website you must not continue to access, browse or use this website or continue receiving Member Benefits.
Access and Content
Access to this website is provided on an “as available” basis and is designed and intended for use by Australian residents. We will not be liable if for any reason access is not available at any time or for any period. As information on this website can rapidly change we cannot guarantee its accuracy. Unless expressly stated to the contrary, nothing on this website constitutes an offer or inducement to subscribe for securities, enter into a legally binding contract, purport to provide you with any financial or investment advice of any kind or take into account your personal circumstances.
This website may contain information provided by retailers and other third parties (Third Party Content). We do accept any responsibility or liability for Third Party Content. You acknowledge and agree that we have no control, responsibility or liability for price variations or errors, availability, quality, truthfulness of description, safety or legality of any good or service advertised in Third Party Content; do not routinely monitor or review statements or representations made in any Third Party Content.
Before taking or refraining from taking any action in reliance on information contained on this website you must make and rely on your own enquiries in relation to, and in evaluation of, the information contained on this website including where applicable reviewing the terms and conditions of transacting with any third parties.
If you subscribe to receive any Member Benefits you will be required to comply with such registration requirements as apply from time to time. Information provided by you must be true, accurate, current and complete in all respects. Any subscription you receive is personal to you and you may not authorise others to use it. You agree to keep any code, password or other security information provided to you by us confidential. You agree to advise us of any breach of security relating to your subscription as soon as is practicable after you become aware of it. We can cancel any subscription at any time in our discretion. As a subscriber you consent to receiving offers, discounts, promotions, advertising and other information and communications we or our business partners provide you from time to time. You acknowledge that we cannot guarantee that any transmission made using the internet, including the transmission of personal data, will be secure.
Copyright and Intellectual Property
All materials and information on this website or contained in any Member Benefits are owned by or licensed to us. You must not in any form or by any means without our express written consent; copy, adapt, reproduce, broadcast, distribute, download, display, print, post, transmit or create derivative works by any process (including graphic, electronic or mechanical) from any information or material on this website; alter, modify or add to the information or material on this website; use or apply the information or material on this website for commercial purposes. If you contribute any information or material to this website or any Member Benefits you warrant and agree that such contributions: are either owned by you or a third party who have given you express permission to make the contribution; will not contain any material that is subject to third party intellectual property rights unless you have express permission from the rightful owner to make the contribution; will become our property. You agree to assign or procure the assignment of all rights, title and interests in the contribution; and will be deemed to be non- confidential in all respects and that we are free to use for any purpose at any time we may remove any content from the website at any time and for any reason. Any trade marks, brands and names appearing on this website are the property of the respective owners. You must not use or exploit them without the express written consent of the relevant owner.
If and when this website contains links to other websites not maintained or controlled by us (External Website) we make no endorsement, representation or warranty in relation to the same. If you choose to access an External Website you acknowledge the External Website is independent from us and this website and that we have no control over the External Website. You agree to assume sole responsibility for the use of any External Website.
Viruses, Hacking and other Offences
We do not represent that any information or link obtained from through or via this website is free from computer viruses or other faults or defects. It is your responsibility to scan for computer viruses when using this website or links from it. We will not be liable to you or any other person for any loss or damage of any kind (including direct, indirect, consequential or economic) however caused which may result from any such information or your use of this website or any External Website. To the extent that any liability may be imposed on us the same shall, to the extent permitted by law, be limited to the cost of re-supplying the information. You agree not to misuse this website for any unauthorised, illegal, criminal or tortious activity or knowingly introduce any virus, Trojans, worms, logic bombs or any other material of a malicious, harmful or corrupting nature. You further agree not to disrupt, interfere with, or seek to gain access to any services, system resources, accounts, servers or networks connected to or accessible through this website or any External Website.
You agree to indemnify and hold us and our directors, officers, employees, agents and contractors harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct in using this website, an External Website, by participating in any Member Benefits or your breaching these terms and conditions.
Limitation of Liability
To the extent permitted by law we expressly disclaim any express or implied warranties or conditions of any kind relation to information or materials accessible from this website or any Member Benefits. We shall not be liable to you for any damage resulting from the use of or reliance upon any information or materials accessible from this website or any Member Benefits including without limitation special, indirect, consequential and incidental loss or damage for any reason including without limitation loss of profits, revenue, production, business interruption, opportunity, goodwill or reputation.
Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 or any other legislation which may not be excluded, restricted or modified by agreement.
If any of these terms and conditions are determined by our competent authority to be invalid, void, unlawful or unenforceable to any extent, such term, condition or provision will to such extent as may be possible and necessary be severed from the remaining terms and conditions which will continue to operate and remain valid and enforceable to the full extent permitted by law.
These terms and conditions shall be governed by, construed and enforced in accordance with the laws of the State of Australia in which the premises the subject of this website are located. You agree to submit to the non-exclusive jurisdiction of the courts and tribunals of that State.
If we fail at any time to insist upon the strict performance of any of your obligations under these terms and conditions or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.