SH West End Pty Ltd and SH WE Hills Dev Pty Ltd (we, us, our) provides access to our Retail Tenant Portal (Portal) through our website at https://retailportal.westvillage.com.au/.
These Terms and Conditions (Terms), the Privacy Policy, and the Terms of Service contain the terms on which we offer you access and use of the Portal to you.
In these Terms you, your or user is a reference to any person that uses the Portal.
2.1. Consenting to Terms
By accessing the Portal you agree to comply with the Terms, the Privacy Policy, the Terms of Service and any policies incorporated into these Terms. If you do not agree with any of the Terms, please do not access the Portal.
2.2. Updating the Terms
These Terms, the Privacy Policy and the Terms of Service may be updated from time to time. It is your responsibility to review these Terms, the Privacy Policy and the Terms of Service whenever you access the Portal. If changes are made to these Terms, the Privacy Policy or the Terms of Service your continued use of the Portal, after such changes are made, will signify your acceptance and agreement to be bound by the revised Terms, Privacy Policy and the Terms of Service (as the case may be).
2.3. Use as a representative
If you are using the Portal on behalf of a company or other entity, you acknowledge and agree that these Terms are binding on you and the entity you represent and you warrant that you are authorised to agree to these Terms on behalf of the company or other entity.
The Portal is the service we provide to enable you to market your retail offering, which may include marketing your offering through the website at www.westvillage.com.au, social media at https://www.facebook.com/westvillagebrisbane, https://www.instagram.com/westvillage_brisbane/ and https://www.linkedin.com/company/westvillage, online and above-the-line advertising, in-centre point of sale promotions at West Village, 97 Boundary Street and 111 Boundary Street, West End, Queensland 4101, associated public relations campaigns, electronic direct mail, and any marketing avenues we choose to pursue.
4.1. You will need a user account and password to access the Portal. We will notify you of your account information via email.
4.2. You agree to keep your user account and password secure and not disclose this information to third parties. You are responsible for maintaining the confidentiality of your username and password and all activities that occur through the use of your user account.
4.3. If you become aware of any unauthorised use of your account, we recommend that you change your password immediately and contact us at [email protected].
4.4. We may invalidate your account at our indiscretion, if your account appears to be inactive, or you are no longer a retail tenant at West Village, 111 Boundary Street, West End, Queensland 4101.
5.1. You agree that;
(a) you are responsible for the accuracy and completeness of the information provided by you;
(b) all the information you provide to us through the Portal is true to your knowledge and complete.
5.2. You acknowledge that we will rely on the information you have provided, unless we receive notice from you of any change or update to that information.
6.1. You warrant that:
(a) you will comply with the terms and conditions of any marketing campaign, discounts, special offers or other promotional offers you advertise, market, or otherwise make available through the Portal;
(b) any material you provide through the Portal, including marketing campaigns, discounts, special offers or other promotional offers you advertise, market or make available through the Portal complies with all relevant laws.
6.2. We reserves the right to delete any campaign, marketing, advertising or promotional material if in our opinion, the information provided in the campaign, marketing, advertising or other promotional material is false and/or does not depict its true nature and/or is misleading in any manner and/or does not comply with a relevant law.
7.1. You must use the Portal in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party.
7.2. While using the Portal you agree to refrain from any use of the Portal which will have an adverse effect on the performance or function of the Portal.
7.3. You must not:
(a) provide misleading information to us, including misrepresenting your identity or affiliation with any other person or organisation;
(b) upload unlawful, objectionable, offensive, obscene, racist, defamatory or deceptive content, including links where such material may be published or photographs, on to the Portal. We do not actively edit the materials you provide through the Portal but reserve the right to remove or edit any content posted through the Portal at our sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, defamatory, misleading, deceptive or otherwise inappropriate;
(c) upload information that may contain viruses, trojans, worms, destructive programming routines that are intended to damage the Portal;
(b) conduct any crawling, scraping, indexing, framing, in-line linking or other methods of association with the Portal, by any means, including accessing the Portal by automated means (such as robots or spiders).
8.1 Unless permitted by law, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish or otherwise deal with any part of the Portal or our content in the Portal, or use the trade marks and logos in the Portal without our prior written consent.
8.2. You grant us an an irrevocable, unconditional, perpetual, royalty free, non-exclusive, worldwide and transferable licence to exercise all intellectual property rights in the materials you make available via the Portal and the right to sub-license this licence.
9.1. The Portal is provided on an “as is” and “as available” basis.
9.2. We may modify or close the Portal or any part of it at any time without any liability on our part.
9.3. Any use of the Portal, including information that appears on the Portal, is entirely at your own risk and discretion. You are solely responsible for any damage or loss that results from your use of the Portal.
9.4. To the fullest extent permitted by law, we disclaim all guarantees, warranties and representations regarding the Portal, including without limitation, the accuracy, completeness or adequacy of any content on the Portal, that the Portal and its content is of an acceptable quality, that the Portal and its content is fit for purpose or reliable, that the Portal will be free of viruses or operate as intended, the security of the Portal and that your access to the Portal will be reliable, uninterrupted or timely.
10.1. To the fullest extent permitted by law we exclude all implied warranties, terms and conditions and we are not liable for any damages, including monetary damages, damages to goodwill or reputation or damages which are consequential, indirect or special and which relate to your use of the Portal or inability you have to use the Portal and the provision of marketing, advertising, campaign and promotional services available through the Portal.
10.2. Where we cannot limit the above remedies, we expressly limit our liability for breach of a non-excludable statutory guarantee to the supply of the Portal or advertising or marketing service again or paying the cost of having the advertising or marketing service supplied again whichever is less.
11.1. You are liable for, and indemnify us from and against, all loss or damage (including legal costs on a solicitor and client basis) incurred or suffered by us however caused in connection with any breach of these Terms by you, any breach of a warranty given by you under these Terms, any act, error, omission or negligence of you or your personnel or any person purporting to act on behalf of you, any alleged or actual infringement of a third party’s intellectual property rights by you in connection with the Portal.
11.2. Each indemnity contained in these Terms is a continuing obligation and constitutes a separate and independent obligation of you from your other obligations under these Terms.
11.3. It is not necessary for us to incur any expense or make any payment before enforcing or making a claim under an indemnity.
If you breach any of these Terms in any way, we may take any actions as deemed appropriate to deal with the breach, at our sole discretion, including:
(a) indefinitely suspending, blocking access to or terminating your access to the Portal;
(b) removing or deleting any information you have provided to us from any advertisements or campaigns, taking down any advertising of your business and/or retail offering, ceasing any public relations campaigns referring to your business and/or retail offering;
(c) bringing court proceedings against you,
without providing any reason to you and without the liability to make any payment to you, whatsoever.
If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) do or fail to do or due to events or circumstances beyond our reasonable control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, third party services providers ceasing to operate or being unable to provide the relevant services, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
This Terms are governed by the law of Queensland and the laws of the Commonwealth of Australia which are in force in Queensland and each party agrees to submit to the non-exclusive jurisdiction of the Courts of Queensland and the relevant Federal courts and courts competent to hear appeals from these courts.
If you have any questions about these Terms please contact us at [email protected].
These Terms are current as at 11 March 2021.