Terms & Conditions
This website is operated by Waterfront Place, its related
companies and trusts under the domain name
www.waterfrontplace.com.au ("Website"). These terms of use and
the Privacy Statement apply to the Website.
In addition to the terms contained in this document, there are
also specific terms which form part of the terms of use and govern
your use of, and access to, certain sections of this Website. Since
you are also bound by these additional terms, you should review
them wherever they are accessible by you on the Website. In the
event of any inconsistency between the provisions of these Website
terms of use and those other specific and additional provisions,
the specific and additional provisions will prevail
By proceeding beyond the homepage you agree to accept these terms
of use and Waterfront Place agrees to grant you a non-exclusive,
non-transferable licence to use this Website in accordance with the
conditions set out below.
We may revise these terms of use 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 will be regarded as
your acceptance of these terms of use as amended.
Pursuant to this licence and subject to the absolute right of
Waterfront Place to vary access to all or any part(s) of the
Website, you acquire a non-exclusive right to:
- View the material in the Website.
- Access material contained in the Website.
- Use the Website strictly in accordance with the provisions of
this licence.
Links to other websites
The Website may contain links to other websites operated by
third parties ("Third Party Websites"). Waterfront Place does not
endorse, or approve of the operators of Third Party Websites, or
the information, graphics and material on those Third Party
Websites ("Third Party Material").
Subject to any applicable law which cannot be excluded, Waterfront
Place makes no warranties or representations:
- regarding the quality, accuracy, merchantability or fitness for
purpose of Third Party Material or products or services available
through Third Party Websites; or
- that Third Party Material does not infringe the intellectual
property rights of any person. Waterfront Place is not authorising
the reproduction of Third Party Material by linking Material on
this Website to Third Party Material.
When you follow a link on this Website, material at a Third
Party Website may be displayed in your browser framed by material
on this Website. This material is also Third Party Material for the
purpose of these terms of use.
All offers to sell and statements relating to goods and services
available on Third Party Websites are the responsibility of and
given by the Third Party Website operator. In so far as such offers
and statements are made on the Website, such offers and statements
are made by Waterfront Place on behalf of the operator. Waterfront
Place expressly disclaims acting in any other respect on behalf of
Third Party Website operators.
Waterfront Place may receive payments from operators of Third
Party Websites in relation to goods or services supplied by the
operator as a result of you linking to the Third Party Website from
this Website.
A link to a Third Party Website does not mean that we endorse the
content of that website. Your access to Third Party Websites may be
governed by their own terms of use.
You may not create a link to this Website from another website or
document without our prior written consent.
Website content
Waterfront Place is either the owner or the licensed user of the
copyright in the materials and information on this Website
including without limitation any logo, design, floorplans, text,
graphic and their arrangement ("Content"). 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 the prior written consent of Waterfront Place or the
written consent of the copyright owner. You may access and use the
Content and this Website 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, such Content will become the property of Waterfront Place
and you hereby assign all rights, title and interests in and to
such contributions to Waterfront Place.
Any comments or materials sent to us through the Website including
feedback data, questions, comments and suggestions ("Feedback"),
will be deemed to be non-confidential. Waterfront Place has no
obligation of any kind with respect to such Feedback and will be
free to reproduce, exhibit, use, disclose, display, transform and
distribute the Feedback to others without limitation. In addition,
Waterfront Place 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 products and services incorporating such
Feedback.
Stockland reserves the right to remove any Content from this
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.
Indemnity
You must indemnify and keep Waterfront Place (and its related
bodies corporate, directors, officers, employees, agents and
contractors) indemnified fully from any claim, action, demand, loss
or damages made or incurred by any third party arising out of or
relating to your conduct, your use of this Website, your breach of
provisions this licence, or your breach of any rights of third
parties.
Trademarks
The "Waterfront Place" name and all its associated trademarks
are trademarks of Waterfront Place.
Any other trademarks appearing on this Website may be the
trademarks of the relevant owners.
You must not use any trademarks that appear on this Website
without the written consent of the trademark owner.
Your conduct when using this Website
You acknowledge and accept that your use of the Website
indicates your acceptance of this licence and that you are
responsible for all of your activity in connection with accessing
the Website.
In accessing the Website, you must not:
- take any steps to obtain unauthorised access to this Website or
any parts thereof that are not opened to public access;
- disrupt or interfere with or make attempts to disrupt or
interfere with:
- the Website;
- any other user's enjoyment of this Website or Third Party
Websites;
- or any services, system resources, accounts, servers or network
connected to or accessible through this Website or Third Party
Website;
- engage or make attempts to engage in any kind of illegal,
criminal or tortious activity whatsoever through the use (whether
direct or indirect) of the Website or Third Party Websites;
- take any (or make attempts to take any) action that imposes an
unreasonable or large load on the infrastructure of the
Website;
- 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 the Website;
- post or transmit to or via this Website any material that may
infringe the intellectual property rights of any third party, or
any defamatory, derogatory or offensive material or publication;
or
- use or attempt to use the Website 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.
- use, copy or translate for commercial use, reproduce, adapt,
vary or modify any material in any form in this Website without the
express consent of Stockland except as expressly authorised by this
licence;
- use any robot, spider or any other automatic device or manual
process to monitor, copy or extract any web pages or any Content on
this Website, without the prior written consent of Stockland;
User Responsibility
In accessing this Website, you acknowledge and agree that:
- 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. Waterfront Place reserves (at its
absolute discretion) the right to report potentially criminal
activity to appropriate law enforcement agencies. Any fraudulent,
abusive, or otherwise illegal activity may be grounds for
termination of your access to the Website. You may not post or
transmit, or cause to be posted or transmitted, any communication
or solicitation designed or intended to obtain personal data from
any Website user;
- if Waterfront Place issues you with a password that permits you
to access certain parts of this Website, you are solely responsible
for any use of the Website through such access, whether authorised
or not; and
- you have exercised your independent judgment and have not
relied on any representation made by Waterfront Place which has not
been stated expressly in this licence or upon any descriptions or
illustrations or specifications contained in any document including
catalogues or publicity material produced by Waterfront Place
(which material may be out of date or superceded).
Disclaimers
While Waterfront Place has endeavoured to ensure that all
information provided on this Website is complete, accurate or up to
date, the Content and this Website are provided "as is" and "as
available" and Waterfront Place takes no responsibility for any
error or omission relating to this information. The existence of
inaccurate, incomplete or superseded material in this Website will
not cause Waterfront Place to be in breach of the terms of the
licence.
To the maximum extent permitted by law, Waterfront Place:
- disclaims all warranties, express or implied, including, but
not limited to, implied warranties of merchantability and fitness
for a particular purpose, or non-infringement; and
- will not be liable for any cost, loss or damage suffered by you
through your use of the Website or Waterfront Place's failure to
provide access to the Website or any Third Party Websites or any
information updates.
- The Content may contain general information about Waterfront
Place's products and services. Unless expressly stated otherwise,
the Content does not:
- constitute an offer or inducement to enter into a legally
binding contract;
- form part of the terms and conditions for Waterfront Place
products and services;
- purport to provide you with personal financial or investment
advice of any kind; or
- 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 including all Content, data or software
distributed by, downloaded or accessed from or through this Website
is at your own risk. Before taking or refraining from any action in
reliance on the Content or this Website, 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.
Warranties
Waterfront Place does not warrant or make any
representations:
- that this Website or the server that operates it is free from
viruses or other corrupted materials or occasional outages or
disruption to service which prevent you from accessing this
Website; or
- in relation to the use or the results of the use of the Content
or this Website as to their correctness, accuracy, reliability, or
otherwise; or
- that use of this Website will be compatible with the hardware
and software you are using to access it; or
- that the functions contained in this Website or Third Party
Websites will be uninterrupted or without error, that defects will
be corrected, or that electronic material in this Website and other
Third Party Websites are free of harmful components.
Waterfront Place will not be liable for any indirect or
consequential losses arising out of a breach of this licence, or
arising out of the supply of a defective program or incorrect
materials.
Subject to any responsibilities implied by law and which cannot be
excluded, Waterfront Place (including 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 or this Website (or material accessed via
this Website), or to access of the Website by you, howsoever
caused, whether in contract, tort including negligence, statute or
otherwise. To the full extent permitted by law, any liabilities
imposed on Waterfront Place, or implied into this licence, under
any law are hereby excluded.
To the extent permitted by law, all implied terms are excluded. If
any statute implies terms into this licence, which cannot be
lawfully excluded, such terms will apply to this licence, save that
the liability of Waterfront Place for breach of any such implied
term will be limited to the maximum extent possible, at the option
of Waterfront Place, to any one or more of the following:
- The replacement of goods or services to which the breach
relates or the supply of equivalent goods or services.
- The repair of such goods or services.
- The payment of the cost of replacing the goods or services or
of acquiring equivalent goods or services.
- The payment of the cost of having the goods repaired or the
services performed again.
Nothing in this licence is intended to exclude, restrict or modify
rights which you may have under the Trade Practices Act or any
other legislation which may not be excluded, restricted or modified
by agreement.
Waterfront Place reserves the right to make any change, add or
remove any material in or from this Website without notice.
Waterfront Place may also make improvements or changes in the
products or programs described in the Content at any time without
notice. For example, changes in circumstances after the date of
publication may impact upon the accuracy of the Content.
Termination and suspension
Waterfront Place reserves the right, without notice and in its
sole and absolute discretion, to discontinue, suspend or terminate
any service offered by or through this Website as well as this
Website at any time. All provisions of this Licence which by their
nature should survive termination shall survive termination,
including, without limitation, ownership provisions, disclaimers
and indemnities.
Waiver
Failure or neglect by Waterfront Place to enforce at any time
any of the provisions of this licence shall not be construed or
deemed to be a waiver of the rights of Waterfront Place under this
licence.
No waiver by Waterfront Place of its rights under this Licence
shall be deemed a waiver of any other term or provision and shall
be limited to a single waiver limited to the specific circumstances
under which such waiver was granted.
Currency
A reference to "$" or "dollars" throughout this Website is
a reference to Australian currency, unless stated otherwise.
Privacy
Waterfront Place respects your privacy. The Privacy Statement
applicable to this Website explains how personal data will be
treated as you access and interact with this Website and can be
accessed on the Privacy page of this website.
Severability
If any parts of this Licence are deemed unlawful void or for any
reason unenforceable then that provision may be severed from this
Licence and it will not affect the validity and enforceability of
the remaining provisions.
Applicable law
This licence is governed by and construed in accordance with the
laws of Queensland, Australia. You hereby irrevocably and
unconditionally consent and submit to the exclusive jurisdiction of
the courts of Queensland, Australia.