TERMS AND CONDITIONS
1. this website with URL address www.highpoint.com.au (the "Website");
2. our mobile application which is available for download (the "App"); and
3. our tailored mobile shopping experience which is made available through this Website and the App and for which you may register to become a member (the "Shopping Program").
This Website is operated by, and the App is provided by, GPT RE Limited ABN 27 107 426 504 ("GPTREL") on behalf of The GPT Group ("GPT") (referred to as "we", "us", "our").
You may register to become a member of the Shopping Program. The Shopping Program is designed to provide you with a more tailored shopping experience when you shop in participating shopping centres.
The benefits you are entitled to as a member of the Shopping Program include:
1. exclusive offers, discounts and promotions from retailers;
2. offers, discounts and promotions tailored specifically to your tastes and preferences;
3. news alerts based on your tastes and preferences;
4. complementary rewards;
5. access to a personal shopping planner; and
6. other features to help make your shopping experience more fun and convenient.
In order to become a member of the Shopping Program, you will be required to create an account with us ("Account"). Your Account is for your use only, and you may not authorise others to use your Account for any purpose.
When opening an Account, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on this Website or the App.
By creating an Account, you confirm that:
1. you are 18 years of age or more, or that you are 14 years of age or more and that you have received your parent’s or guardian’s consent to become a member of the Shopping Program and use the App;
2. you have your residence in Australia;
3. any registration information that you submit to us is true, accurate and complete, and that you will update such information in order to keep it current;
4. you consent to receiving offers, discounts, promotions, advertising and other information by email or other means of communication from us and our business partners; and
Third Party Content
From time to time, we may provide you with offers, discounts, promotions, advertising and other content provided by retailers and other third parties ("Third Party Content").
We do not accept any responsibility or liability for such Third Party Content. In particular, we have no control, responsibility or liability for:
1. the quality, safety or legality of any good or service;
2. the truth or accuracy of the description of any good or service; or
3. the ability of the relevant retailer or other third party to sell such good or service, advertised or described in such Third Party Content.
This Website or the App may contain links and other pointers to external websites operated by third parties. Any such website is not under our control and we do not take any responsibility for the contents of any such site. We cannot guarantee, represent or warrant that the content contained in any third party website is accurate, legal or inoffensive. Any link to an external website is provided merely as a convenience to you.
You take sole responsibility for the use of any external website.
Copyright and Submitted Material
All materials and information on this Website and the App, including without limitation any logo, design, text, graphic and their arrangement ("Content") are licensed to or owned by us. Unless we indicate otherwise, you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior permission or the written permission of the copyright owner. You may access and use the Content, the Website and the App for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.
You acknowledge and agree that if you contribute Content to the Website or the App, such Content:
1. is either owned by you or by a third party which has given you permission to contribute such Content to the Website or the App;
2. will not contain any third party copyrighted material or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material; and
3. will become our property and you hereby assign, or will procure the assignment of, all rights, title and interests in and to such contributions to us.
We reserve the right to remove any Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence) or for no reason at all.
Any comments or materials sent to us through the Website or the App, including feedback data, questions, comments and suggestions (collectively "Feedback") will be deemed to be non- confidential. We have no obligation of any kind with respect to such Feedback and will be free to, without limitation, reproduce, use, disclose, exhibit, display, transform, delete or create derivative works from the Feedback or distribute the Feedback to others. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing goods and services incorporating such Feedback.
Any trade marks appearing on this Website or the App are the trade marks of the relevant owners. You must not use any trade marks that appear on this Website or the App without the written consent of the trade mark owner.
You acknowledge that we collect data about:
1. your browsing activity and content on the Website, the App and other websites operated by third parties to allow your device to be added to one or more pre-defined interest categories; and
2. if you use the App, the location of your smartphone.
You consent to our use of such data for the purpose of providing you with offers, discounts, promotions and advertising which are tailored to those pre-defined interest categories and/or have regard to your location. You also consent to our use of that data for purposes related to GPT's research (including market research), planning, product and service development, security and testing.
You are responsible for all of your activity in connection with accessing and using this Website and the App and participating in the Shopping Program. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to this Website, the App or the Shopping Program.
You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information from any other user.
In accessing and using this Website or App, or participating in the Shopping Program, you must not:
1. disrupt or interfere with this Website, the App, the Shopping Program or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites or the App;
2. disrupt or interfere with any other user's enjoyment of this Website or linked websites, the App or the Shopping Program;
3. use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on this Website, any part of the App, or any of the Content, without our prior written permission;
4. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or the App;
5. reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with this Website or the App or any part thereof;
6. use this Website or the App to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity;
7. engage in any kind of illegal, criminal or tortious activity through the use of this Website, the App or the Shopping Program, including infringement of any third party intellectual property rights (including without limitation copyright, trade marks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;
8. attempt to obtain unauthorised access to this Website or the App or parts of the Website or App that are not opened to public access; or
9. post or transmit to or via this Website or the App any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication; or
If we issue you with a password that permits you to access certain parts of this Website or the App, you are solely responsible for any use of this Website or App through such access, whether authorised or not.
You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website or the App. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.
Warranties and Disclaimers
The Content, this Website, the App and the Shopping Program are provided "as is" and "as available".
We do not warrant that this Website or the App is, or the servers that operate them are, free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing it or them. Nor do we warrant that use of this Website, the App or the servers that operate them will be compatible with the hardware and software you are using to access it or them. You assume the entire cost of all necessary servicing, repair, or correction. We do not warrant or make any representations regarding the use, or the results of the use, of the Content, this Website, the App or the Shopping Program in terms of their correctness, accuracy, reliability or otherwise.
We reserve the right to make any change to the Content without notice. We may also make improvements or changes in any goods or services described in the Content at any time without notice.
The Content may contain general information about our goods and services. Unless expressly stated otherwise, the Content does not:
1. constitute an offer or inducement to enter into a legally binding contract;
2. form part of the terms and conditions for our goods and services;
3. purport to provide you with personal financial or investment advice of any kind; or
4. take account of your particular financial position or requirements.
This Website may include information about stocks and their prices. The information made available on stock prices on this Website does not reflect the current or "real time" price of the stock. Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described.
Your use of this Website and the App, including all Content, data or software distributed by, downloaded or accessed from or through this Website or the App is at your own risk. Before taking or refraining from any action in reliance on the Content, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website or the App.
Limitation of Liability
Subject to any condition, warranty or right implied by any statutory consumer guarantee contained in any law which cannot by law be excluded by agreement:
2. all implied conditions, warranties and rights are excluded.
Where any condition, warranty or right is implied by law, or any statutory consumer guarantee applies and cannot be excluded, we limit our liability for breach of, or other act contrary to, that implied condition, warranty or right, or statutory consumer guarantee to the fullest extent permitted by law.
Subject to the preceding paragraphs, we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content, this Website, the App or the Shopping Program (or material accessed via this Website or the App), or to access of this Website or the App by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
Termination and Suspension
We reserve the right, without notice and in our sole and absolute discretion, to change, discontinue, suspend or terminate any service or feature offered by or through this Website, the App or the Shopping Program, in whole or in part, at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to this Website or the App may be shut down or restricted while the problem is being investigated or fixed.
A reference to "$" or "dollars" throughout this Website or the App is a reference to Australian currency, unless stated otherwise.