TERMS AND CONDITIONS
These Terms and Conditions apply to your use of:
1. Use of this website with URL address www.highpoint.com.au (the "Website");
2. Use of our mobile application which is available for download (the "App")
3. Use of our tailored mobile shopping experience which is made available through our newsletters, this Website and the App and for which you may subscribe to become a member (the "Member Program"); and
4. Use of our guest Wi-Fi service (“Wi-Fi Service”); and
This Website is operated by, and the App is provided by, GPT Property Management Pty Limited ABN 29 116 099 631 ("GPTPM") on behalf GPT RE Limited as responsible entity of the General Property Trust ("GPT") (referred to as "we", "us", "our").
By using this Website, downloading and using the App, or participating in the Member Program, or accessing our Wi-Fi Services, you are agreeing to accept these Terms and Conditions.
If you do not accept these Terms and Conditions, you must not use this Website, App, the Wi-Fi Service or subscribe to participate in the Member Program. We may revise these Terms and Conditions from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website, the App, the Wi-Fi Services or your continued participation in the Member Program will be regarded as your acceptance of these Terms and Conditions as amended.
In addition to the provisions of these Terms and Conditions, there may also be specific and additional terms that apply to certain sections or features of this Website, the App or Wi-Fi Service. Because those specific and additional provisions also apply to your use of those sections or features, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Terms and Conditions and those other specific and additional provisions, the specific and additional provisions will prevail.
You may register to become a member of the Member Program by subscribing to our newsletter. The Member 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 Member 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 Member Program, you will be required to create an account with us by subscribing to our newsletter ("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 the “Manage My Preference” section on the Website or 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 Member 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.
As a complimentary service, the Wi-Fi Service is provided without any warranties, express or implied. In particular, we make no representation that the Wi-Fi Services (or any associated functions);
Will be available at all times or will operate at all times without error; and
Is encrypted or secure. You are responsible for the security of your system, device and any transmissions you make or receive.We are not responsible for any content viewed on the internet while using our Wi-Fi Service.
The internet is an inherently insecure medium of communication. We cannot guarantee that your data will not become lost, damaged, or intercepted in transit using the Wi-Fi Service. We do not take responsibility if you lose an email or a download or any other kind of transmission, or if someone gains access to your passwords, or for any other like circumstances.
We reserve the right, without notice and in our sole and absolute discretion, to change, discontinue, suspend or terminate the Wi-Fi Service.
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, our newsletter 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, the newsletter 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, the newsletter 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, the newsletter 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, the newsletter or the App 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, the newsletter or the App are the trademarks of the relevant owners. You must not use any trade marks that appear on this Website, the newsletter or the App without the written consent of the trademark 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.
3.if you subscribe to the Member Program, your personal details (such as name, address, email address, date of birth and any other details you may provide to us),
4. if you use the Wi-Fi Service, your personal details (such as name, address, email address, date of birth and any other information you provide to us upon signup), your location in our centres and your browsing activity.
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.
for further information regarding our collection and handling of your personal information.
explains how personal information will be treated as you access and interact with this Website and the App and participate in the Member Program.
You are responsible for all of your activity in connection with accessing and using this Website, the App and the Wi-Fi Service and participating in the Member Program. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to this Website, the Wi-Fi Service, the App or the Member 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, the Wi-Fi Service or App, or participating in the Member Program, you must not:
1. disrupt or interfere with this Website, the Wi-Fi Service ,the App, the Member Program or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites, the App or the Wi-Fi Service;
2. disrupt or interfere with any other user's enjoyment of this Website or linked websites, the Wi-Fi Service, the App or the Member 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, the App or the Wi-Fi Service;
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, the Wi-Fi Service or the App or any part thereof;
6. use this Website, the Wi-Fi Service 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 Wi-Fi Service, the App or the Member Program, including infringement of any third party intellectual property rights (including without limitation copyright, trademarks, 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, the Wi-Fi Service 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, the Wi-Fi Service 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
10. use this Website, the Wi-Fi Service, the App or the Member Program in any way that violates these Terms and Conditions.
If we issue you with a password that permits you to access certain parts of this Website, the Wi-Fi Service or the App, you are solely responsible for any use of this Website, the Wi-Fi Service 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, the Wi-Fi Service or the App. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.
You agree to indemnify and hold us (and our related bodies corporate, 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 (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of this Website, the Wi-Fi Service, the App or the Member Program, your breach of these Terms and Conditions, or your breach of any rights of third parties.
Warranties and Disclaimers
The Content, this Website, the Wi-Fi Service, the App and the Member Program are provided "as is" and "as available".
We do not warrant that this Website the Wi-Fi Service 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 Wi-Fi Service, 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 Wi-Fi Service, the App or the Member 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 or newsletters may include information about stocks and their prices. The information made available on stock prices on this Website or newsletters do not reflect the current or "real time" price of the stock. Images and diagrams on this Website or newsletters are intended to be a visual aid only and do not necessarily accurately depict the object described.
Your use of this Website, the Wi-Fi Service and the App, including all Content, data or software distributed by, downloaded or accessed from or through this Website, the Wi-Fi Service 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, the Wi-Fi Service 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:
1. we give no warranties, and you have no other rights, apart from those expressly set out in these Terms and Conditions; and
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 Wi-Fi Service, the App or the Member Program (or material accessed via this Website or the App), or to access of this Website, the Wi-Fi Service or the App by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
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.
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 Wi-Fi Service, the App or the Member 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, the Wi-Fi Service or the App may be shut down or restricted while the problem is being investigated or fixed.
All provisions of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
If any parts of these Terms and Conditions are deemed unlawful, void or, for any reason, unenforceable, then that provision may be severed from these Terms and Conditions and it will not affect the validity and enforceability of the remaining provisions.
No waiver by us of our rights under these Terms and Conditions shall be deemed a waiver of any other term or provision and will be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
A reference to "$" or "dollars" throughout this Website, the App, newsletters or the Member Program is a reference to Australian currency, unless stated otherwise.
These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.