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Terms of Use

1. TERMS OF SERVICE

1.1 This site www.claremontquarter.com.au (“Website”) is made available by Claremont Quarter –  SPB (Australia) Pty Ltd and QIC CM Pty Ltd (“Claremont Quarter”,  “we”, “our”, or “us”). These terms and conditions (“Terms”) apply to any person who uses, accesses, refers to, views and/or downloads the information made available by us on the Website (“Content”) for whatever purpose (hereinafter referred to as “users”, “you” or “your”). The display of Content and your ability to view, access, use, and/or download the Content on the Website will be referred to as the “Services”. 

1.2 By continuing to access our Website and/or use our Services, you agree that you enter into a legally binding contract with us upon these Terms and our Privacy Policy. These Terms, the Privacy Policy, and any additional document we incorporate by reference in these Terms constitute the complete and exclusive understanding and agreement between you and us.  

1.3 If you do not agree with any term or condition in these Terms, the Privacy Policy, or any policies or additional documents we incorporate by reference including the terms and conditions relating to any products ordered online or any subsequent changes, you must discontinue to use the Website. 

1.4 These Terms may be updated or amended by us at any time to our sole discretion including making changes, modifications, additions, deletions and corrections without notice. Each time you use the Website and/or our Services, it is your responsibility to review these Terms and the Privacy Policy in case of any such updates or amendments. If you do not agree with our updates or amendments, you must discontinue to use the Website and our Services.  

1.5 Every effort is made to keep the Website up and running smoothly. However, Claremont Quarter takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

2. ACCESSING AND USING THE SERVICES  

2.1 The Website, and the Services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms (“Third Party Websites”). If you link to Third Party Websites, you will be subject to those Third Party Websites’ terms and conditions and their policies. 

2.2 Material on this Website, including text and images, is protected by copyright law and is copyright to Claremont Quarter. It may not be copied, reproduced, republished, posted, broadcast or transmitted in any way except for your own personal, non-commercial use. Prior written consent of the copyright holder must be obtained for any other use of material. No part of this Website may be distributed or copied for any commercial purpose or financial gain. All intellectual property rights in relation to this Website are reserved and owned by Claremont Quarter. 

2.3 Hyperlinks provided on this Website to non-Claremont Quarter sites, are provided “as is” and we do not necessarily agree with, edit or sponsor the content or imply an endorsement of the views, information or products provided by such websites. No person, business or website may frame this Website or any of the pages on this Website in any way. 

3. COMPETITIONS  

3.1 Competitions or promotions may be offered by us from time to time. The terms and conditions for those competitions and promotions will be specified on the Website. By entering or participating in a competition or promotion, you agree to be bound by the relevant terms and conditions specified on the Website in relation thereto. We retain the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you provided. Such alteration or addition will not affect the terms of any competition or promotion entered into by you prior to the alteration or addition.

4. YOUR INFORMATION

4.1 When you enter into a competition by way of sending an enquiry, submitting a form, filling in a survey, communicating via all connected platforms including social media or subscribing to our newsletter, you may be required to provide us with personal information including your full name, email address, phone number and payment details. By submitting these requests and by giving us your Information, you agree to our Privacy Policy and consent to us collecting and using your Information in accordance with our Privacy Policy.

4.2 Customer care is extremely important to us. Our Guest Services team will try to assist you within business hours if you have any problems you may face or any enquiries regarding to your personal information through the contact details available at the end of these Terms.

4.3 We do our best to ensure that our product and service names, descriptions and prices are accurate. If you are in any doubt as to the contents of any of the above you should confirm with the Guest Services team with the contact details available at the end of these Terms.

5. GIFT CARDS

5.1 We accept no liability for unauthorised acceptance and consequential unauthorised redemption of our gift cards and reserve our rights at our discretion at any time to amend the terms of use of our gift cards. 

5.2 Agreeing to these terms of use; 

You agree to be bound by these Terms of use by purchasing, using or attempting to use our gift card or by making a transaction, enquiry or exercising any right to redeem value loaded on our gift card. You warrant to us that you will comply with these terms of use and all applicable laws and that our gift card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers. If you are giving our gift card to another person, you should ensure that they are aware of our terms of use that apply to our gift cards. The expiry date on our gift cards is three years from the date of purchase by you, following which, any remaining funds on the expired gift card will not be available for redemption. The value of our gift cards can be between five dollars to one thousand dollars with an additional two dollars fifty charged for the card itself, and cannot be reloaded or recharged with further value.

5.3 Method of payment 

You may use cash, Visa Card or MasterCard for payment of our gift cards which can be done direct from the Guest Services desk on Level two of our property.

5.4 Refunds/Returns/Replacements 

5.4.1 Our gift cards cannot be exchanged for another denomination or tender (i.e. cash) and cannot be refunded or returned unless required by law. 

5.4.2 We are not responsible for, and not able to replace gift cards which are lost or stolen.

5.5 How and where to use our gift cards 

Our gift cards may only be used to purchase products or services available at retailers within the Claremont Quarter shopping centre in Western Australia by presenting our gift card at the time of purchase. The transaction will be completed when the balance has reduced on the gift card. No change will be given. Any remaining balance on the gift card may only be used in whole or part against a future purchase. Our gift card may only be used to make purchases up to the remaining value on the gift card. If you wish to make a purchase for an amount that exceeds the remaining value on the gift card, you must pay the excess using another method of payment. 

5.6 Faulty/Damaged Gift Cards 

Faulty or damaged gift cards shall not ordinarily be replaced by us unless our gift cards are faulty or damaged as a result of the production process or otherwise due to our fault. Please contact us to discuss re-issuance in these and other circumstances which may have affected our gift card. 

5.7 Gift Card Balance 

Gift cardholders can check the balance of their gift card by requesting the balance amount at our Guest Services desk on Level two of our property. Or simply visiting www.waivpay.com.au

5.8 Risk & Title 

Risk and title in our gift card passes to you upon payment for the gift card. We will not be responsible for any unauthorised acceptance and unauthorised redemption of our gift card. 

5.8 Liability 

You have certain rights under the Australian Consumer Law which cannot be excluded and are not affected by these Terms. Except for those non-excludable statutory rights, any conditions implied by any other laws are excluded from these terms of use relating to our gift cards. To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these terms of use, for failure to observe or perform any of our obligations under these Terms for any reason or cause. To the extent permitted by law, in the event that we or our affiliates or suppliers are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your gift card. In no event shall we or our affiliates or suppliers be liable for unauthorised access to, or alteration, theft or destruction of gift cards through accident, misuse or fraudulent means or devices used by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control. 

6. ACCURACY OF INFORMATION  

6.1 Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all of the Content available on the Website, the Content is intended and produced for general information purposes only, and to the extent permitted by law, should not be relied upon by you as specific advice of any kind. 

6.2 You understand and agree that the information, details and descriptions set out on this Website, including the details regarding prices, store opening hours, products and services may change from time to time and you will be bound by these charges from the date the changes are posted on our Website. 

7. YOUR OBLIGATIONS WHEN USING THE WEBSITE AND THE SERVICES  

7.1 You may not use the Website to obtain or distribute: 

7.1.1 copyrighted material or material protected by law without our prior written consent; or

7.1.2 material containing viruses or any other destructive materials or data or code which can corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software. 

7.2 You must not do anything that may jeopardise or interfere with the functionality or the operation of any part of the Website or our Services or any part thereof. 

7.3 You are strictly prohibited from using the Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts. 

7.4 You are not permitted to intercept any information transmitted to or from us or the Website which is not intended by us to be received by you. 

7.5 Subject to the further provisions of these Terms, the Website and the Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website or the Content. 

7.6 Subject to the further provisions of these Terms, you are not permitted to:

(i) frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content;

(ii) incorporate any part of the Content in any other work or publication; and/or

(iii) perform any other act which may not be considered fair use. On notice by us, you agree to cease any activity which we do not consider, in our sole and absolute discretion, to constitute fair use. 

7.7 Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content. 

7.8 In addition, you shall not and shall not allow a third party to: 

7.8.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the Content (“the Software”) or any files contained in or generated by the Software by any means whatsoever; 

7.8.2 remove any product identification, copyright or other notices, from the Software or documentation; or 

7.8.3 disseminate performance information or analysis of the Software from any source relating to the Software. 

8. INTELLECTUAL PROPERTY RIGHTS  

8.1 Unless expressly granted herein, we reserve all rights (including all intellectual property rights) to the Website and Content we make available on or via the Website. 

8.2 You agree not to use, copy, or distribute any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. 

8.3 You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content therein. All moral rights of us and our employees/agents are reserved. 

8.4 Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Content, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.

8.5 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial  purposes any aspect of the Services. All intellectual property rights in relation to this Website are reserved and owned by us. 

9. COLLECTION OF PERSONAL INFORMATION  

9.1 We collect personal information from you. We will handle the collection, processing and storage of your personal information in accordance with our Privacy Policy. 

9.2 By disclosing or submitting your personal information to us, you consent to us collecting, processing, storing and using your personal information for the purposes described in our Privacy Policy.

10. INDEMNITY  

10.1 As far as the law allows, you agree to defend, indemnify us and hold us and our officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors’ fees) arising from: 

10.1.1 your use of and access to the Website and/or the Services; 

10.1.2 your violation of any of these Terms; 

10.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or 

10.1.4 any claim that our Content caused damage to you or a third party. 

10.2 The defence and indemnification obligations referred to in clause: 

10.2.1 above will survive termination, modification or expiration of these Terms and your use of the Services and the Website. 

11. LIMITATION OF LIABILITY  

11.1 Subject to clause 10.2 above, neither us nor any of our agents, officers, subsidiaries, holding  companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from your use of or inability to use the Website or the Services or Content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the Services will be uninterrupted and error free. 

11.2 No provision of these Terms (or any contract governed by these Terms): 

11.2.1 limits or exempts us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; and 

11.2.2 requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability. 

12. EXCLUSION OF WARRANTIES AND REPRESENTATIONS  

12.1 While the products and Services sold via the Website may be subject to the additional  payment terms and conditions accessible via the Website, to the extent permitted by law, the Website and the Content are supplied on an “as is” basis and have not been compiled or supplied to meet your individual requirements. It is your responsibility to satisfy yourself prior to accessing and using the Website or the Services that the Services available from and through the Website will meet your individual requirements and be compatible with your hardware and/or software. 

12.2 As far as the law permits, the Website and the Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Content. 

13. ASSIGNMENT  

13.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void. 

14. SUCCESSORS AND ASSIGNS  

14.1 These Terms shall inure for the benefit of and be binding upon our and your successors and assigns. 

15. VIOLATION OF TERMS  

15.1 Please report any violations of the Terms (including the Privacy Policy or any documents incorporated by reference) that you become aware of by contacting our Guest Services Manager with the information at the end of these Terms or via our Guest Services desk at our property. Any failure by us to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. 

16. ELECTRONIC COMMUNICATIONS  

16.1 By using the Website and/or the Services, you agree that all agreements, notices, disclosures and other communications sent by you or us satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”. For the purposes of this clause, a “data message” means data generated, sent, received or stored by electronic means. 

16.2 You agree specifically that: 

16.2.1 the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website and/or Services; 

16.2.2 an electronic signature is not required by you or us for purposes of agreeing to these Terms; 

16.2.3 your use, and continued use where appropriate, of the Website and/or the Services is sufficient evidence of your agreement to these Terms; 

16.2.4 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within Western Australia; 

16.2.5 subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us;

16.2.6 subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or by a person who has authority to act on our behalf in respect of that data message; and

16.2.7 subject to our Privacy Policy, all users of our Website and third party platforms connected to our Website may receive communication from us. There will be an option in any email or phone communication to opt out of receiving communication from Claremont Quarter.

17. INTERPRETATION AND MISCELLANEOUS PROVISIONS  

17.1 These Terms and the relationship between us shall be governed and construed in accordance with Australian law. Any disputes arising in connection with these Terms and our Services shall be subject to the exclusive jurisdiction of the courts in the State of Western Australia. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, we and you nevertheless agree that the court should endeavour to give effect to our respective intentions as reflected in the provision. 

17.2 The termination of any contract created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the contract or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination. 

18. SECURITY  

18.1 The transmission of information via the internet is not completely secure and data is submitted at your own risk. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website. 

19. HOW TO CONTACT US  

19.1 If you have questions about these Terms, our Privacy Policy, the Services or any documents incorporated by reference in these Terms, please contact us via the following:

Claremont Quarter

Attn: Claremont Quarter Guest Services 

9 Bay View Terrace, Claremont WA 6010 

Telephone: (08) 9286 5885

Email: guestservices@claremontquarter.com.au