This Disclaimer applies to this website for Menai Marketplace (the “Centre”) under the domain name www.menaimarketplace.com.au ("Website"), which is operated by Lend Lease Property Management (Australia) Pty Limited ABN 61 002 894 153, part of the Lend Lease Group, which also includes the operating entities which are listed at www.lendlease.com. The owner of the Centre and the Lend Lease Group are referred to in this Disclaimer as “we”, “us” or “our”. This Disclaimer is not intended to form a contract between you and us.
We may revise this Disclaimer from time to time without notice and such revision will take effect when it is posted on this Website. You should check whether this Disclaimer has been amended since your last visit, by checking the ‘date of publication’ at the bottom of this Disclaimer.
Copyright and submitted material
All materials and information on this Website including without limitation any logo, design, text, information, software, graphic, materials and their arrangement (“Content”) are licensed to or owned by us, unless we indicate otherwise. Except where necessary for viewing the Content on the Website or your browser, unless we indicate otherwise, or as permitted under applicable law, you are not authorised to 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 and this Website for your own personal use, but you are not authorised to use the Content for commercial purposes. Unless expressly permitted otherwise, you are not authorised to do anything to alter, modify or add to the Content.
If you contribute Content to the Website, we may not include that Content or may 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, in our sole and absolute discretion. Any Content contributed by users or comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (collectively "Feedback"), will be deemed to be non-confidential. We may reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Content and Feedback to others, without limitation, and use any ideas, concepts, know-how or techniques contained in that Content or Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Content or Feedback.
”Lend Lease” and the canopy device are the registered trade marks of Lend Lease Corporation in Australia. Any other trade marks appearing on this Website are the trade marks of the relevant owners. You are not authorised to use any trade marks that appear on this Website without the written consent of the trade mark owner.
We do not authorise you to create a link to this Website from another website or document without our prior written consent.
The Lend Lease Group treats personal data with respect and integrity. The Privacy Statement for the Centre explains how personal data will be treated as you access and interact with this Website and can be accessed via the ‘Privacy’ link on this Website.
You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You are not authorised to 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.
In accessing this Website, you are not authorised to:
- disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;
- disrupt or interfere with any other user's enjoyment of this Website or linked websites;
- use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our prior written permission;
- take any action that imposes an unreasonable or disproportionately 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;
- 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;
- engage in any kind of illegal, criminal or tortious activity through the use of the Website, 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;
- attempt to obtain unauthorised access to this Website or parts of this Website that are not opened to public access; or
- 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.
If we issue you with a password that permits you to access certain parts of this Website, we are entitled to assume – unless there are strong grounds for believing otherwise – that any use of the Website through such access is you or authorised by you, whether in fact authorised or not. You should treat your password as confidential and should not disclose your password to any person, allow anyone else to use your password or use your password for any unauthorised purpose.
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. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.
Your Consumer Rights
Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under any law (including the Australian Consumer Law) which may not be excluded, restricted or modified by agreement (“Your Consumer Rights”). Your Consumer Rights include the right for services to be fit for their specified purpose and to be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
Limitation of liability
Subject to Your Consumer Rights, we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) are not liable 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 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.
Warranties and disclaimers
The Content and this Website are provided "as is" and “as available”. We do not warrant that this Website or the server that operates it is always free from viruses or other corrupted materials or from occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware and software you are using to access it. You assume the entire cost of all necessary servicing, repair, or correction.
While we take a range of steps to maintain and update the Content and this Website and ensure that they are free from error, parts of the Content and this Website may not be correct, accurate, reliable, complete or up to date from time to time. If you notice any inaccurate, incomplete or out of date Content on the Website, you can help by contacting us as set out on this Website.
We reserve the right to make any change to the Content without notice. We may also make improvements or changes in the products or programs described in the Content or to any concept or any design elements of the shopping centre at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.
The Content may contain general information about our 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 our 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.
The Website may include information about stocks and their prices. The information made available on stock prices on the Website is provided for convenience only and 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 may 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 (e.g. agreeing to lease or occupy premises within the Centre), you should 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.
Availability of the Website
The Website is subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software. In relation to any device which you use to access the Website, we recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for all devices you use to access the Website.
We reserve the right, without notice and in our 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. 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 the Website may be shut down or restricted while the problem is being investigated or fixed.
A reference to "$" or "dollars" throughout this Website is a reference to Australian currency, unless stated otherwise.
The laws of New South Wales, Australia apply to this Disclaimer.
Version 17 - Date of Publication 24/09/2014