Last updated: 20 October 2021

Figtree Grove Website Terms and Conditions

We update our site as often as is practicable, but information can change rapidly and Figtree Grove Shopping Centre does not guarantee its accuracy at any time. We are not liable for any loss incurred from relying on this site, including data corruption on download. Information on our site is not financial advice – you should obtain advice before making any decision based on information on this site.

By accessing this site you agree to these terms, and acknowledge reading them. We do not take responsibility for sites of other organisations, whether or not linked, or any device used to access or view our site. The Site has been prepared under Australian law. Nothing in it constitutes an offer of securities, or an invitation to subscribe for securities, enter into any legal agreement or exercise any rights in relation to the offering of any financial product, or amount to a solicitation for any business.

On this website we display a range of products through various means and stores available in Figtree Grove Shopping Centre. Some of this content links through to a retailer website for purchase. Any prices displayed are provided by relevant retailers and suppliers and are updated to Figtree Grove Shopping Centre’s best efforts to reflect pricing changes. However, we recommend that you review the retailer’s website for the most accurate and up to date information about price and availability.

Figtree Grove Shopping Centre does not accept any responsibility for price variations or errors, availability or quality of products. No responsibility is accepted by Figtree Grove Shopping Centre for the accuracy of any statement or advice contained in the text or advertisements or the accuracy of any prices quoted.

Website Terms & Conditions of Use

These terms and conditions of use, together with the policies, notices and disclaimers referred to below (“Terms & Conditions”), govern your use of the services at www.figtreegrove.com.au (“Site”) and the wireless internet access hotspots provided in-centre.

1. ABOUT THE SITE

The Site is operated by MAAM TT Pty Ltd ATF Figtree Holding Trust, Governor Phillip Tower’ Level 27, 1 Farrer Place, SYDNEY NSW 2000 (“Figtree Grove Shopping Centre”, “we”, “us” and “our”).

The Site may allow users to do a number of activities, including sign up to be members, to view shopping centre and retailer information and click through to the websites of individual retailer participating in the Site (“Participating Retailers”). In addition to these Terms & Conditions, you should also refer to the terms and conditions of each Participating Retailers as these terms govern interaction with Participating Retailers.

2. ACCEPTANCE OF TERMS

Your access to and use of the Site, including your use of the materials and information accessible on or from the Site, is governed by these Terms & Conditions and the Privacy Policy available at: www.figtreegrove.com.au/privacy-policy

Your use of the Site is conditional upon you being 18 years of age or older and upon your acceptance and compliance with these Terms & Conditions. You should read the Terms & Conditions carefully. By using the Site, you agree to be bound by, and comply with, these Terms & Conditions and warrant that you are 18 years of age or older. You must not access, browse or otherwise use the Site or connect to the incentre wi-fi unless you agree to be bound by the Terms & Conditions and are 18 years of age or older.

Figtree Grove Shopping Centre reserves the right to amend the Site and the Terms & Conditions at any time and from time to time without notice to you. Your continued use of the Site after any amendment to the Terms & Conditions constitutes an agreement by you to abide and be bound by the Terms & Conditions as so amended. If you breach these Terms & Conditions, your right to use the Site will cease immediately and we may refuse you access to the Site at our complete discretion.

3. ACCESSING THE SITE

Access to the Site is not provided on a continuous, uninterrupted or permanent basis. Not all sections of the Site may be able to be accessed by all users of the Site. Figtree Grove Shopping Centre reserves the right to withdraw or amend the service Figtree Grove Shopping Centre provides on the Site without notice. Figtree Grove Shopping Centre will not be liable if for any reason the Site is unavailable at any time or for any period.

From time to time, Figtree Grove Shopping Centre may restrict access to some parts of the Site, or the entire Site, to users who have registered with us. When you register, you are required to provide Figtree Grove Shopping Centre with information about yourself which is true, accurate, current and complete in all respects. Figtree Grove Shopping Centre may change registration requirements from time to time at its complete discretion. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Figtree Grove Shopping Centre has the right to disable any user identification code or password, whether chosen by you or allocated by Figtree Grove Shopping Centre, at any time, if in Figtree Grove Shopping Centre’s opinion you have failed to comply with any of the provisions of these Terms & Conditions.

4. PRODUCTS ADVERTISED ON THE SITE

Products advertised on the Site are provided by, and sold by, Participating Retailers. Figtree Grove Shopping Centre does not review or control, and is not responsible in any way for, listings provided by Participating Retailers or purchases made on a Participating Retailer’s website. Products advertised by Participating Retailers on the Site may vary from time to time. Before making a purchase from a Participating Retailer, you should carefully review that Participating Retailer’s terms and conditions applying to a potential transaction on their store front and product details page. Subject to law, and other than in relation to any liability which under law cannot be excluded, Figtree Grove Shopping Centre is not liable for any costs, damages or other loss in connection with the advertising or purchase of Products from a Participating Retailer or your use of the Site.

Some products sold by Participating Retailers may be products which, under law, may not be freely sold to all consumers, e.g. alcohol, knives or certain videos or dvds, or may only be sold to consumers on certain terms and conditions (Restricted Products). Those products are subject to the terms and conditions of the Participating Retailer selling those products. If you wish to discuss or organise a return, exchange or refund of any item, please contact the Participating Retailer directly.

5. PRICES & TAXES

All prices are in Australian dollars ($). Prices displayed on the Site are inclusive of GST on the sale, if any.

The Site is designed for use by Australian residents.

6. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

Figtree Grove Shopping Centre is the copyright owner of the content of the Site or is licensed by the copyright owner to use the content on the Site. Except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means: copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Site; perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on the Site without the specific prior written consent of Figtree Grove Shopping Centre; alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Site which can be accessed through the Site; or use or apply, for commercial purposes any material or information on the Site, without the prior written consent of Figtree Grove Shopping Centre. All trademarks, brands and names appearing on the Site are the property of Figtree Grove Shopping Centre or its licensors. Nothing contained on the Site is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information. No trademarks, brands or names, including as part of domain names or email addresses, may be used in any manner that is likely to cause confusion.

7. LINKS AND THIRD-PARTY STATEMENTS ON THE SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. To the extent any permission has been granted to link to the site, we reserve the right to withdraw linking permission without notice.

The Site provides links to other websites not maintained or controlled by, or associated with, Figtree Grove Shopping Centre, including those of Participating Retailers. Figtree Grove Shopping Centre makes no endorsements, representations or warranties about any other website which you may access through the Site,  including those of Participating Retailers (“Other Website”). When you access an Other Website, that Other Website is independent from the Site, and Figtree Grove Shopping Centre has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of the Site. An Other Website is not under the control of Figtree Grove Shopping Centre, and Figtree Grove Shopping Centre is not responsible for the accuracy of any information on any Other Website. Figtree Grove Shopping Centre does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from the Site are free from viruses, worms, trojan horses and other material of a destructive nature.

8. SECURITY

While Figtree Grove Shopping Centre takes measures to safeguard the personal information that you provide to Figtree Grove Shopping Centre, no transmission over the internet can ever be guaranteed secure. Consequently, please note that Figtree Grove Shopping Centre cannot guarantee the security of any personal data that you transfer over the Internet to Figtree Grove Shopping Centre or its payment gateways.

The Australian Government has published additional information about protecting yourself in online transactions. This is available at http://www.staysmartonline.gov.au/ (this website is not provided by Figtree Grove Shopping Centre).

9. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to our Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

If we become aware that you have breached any law in connection with your use or access of this Site, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

Figtree Grove Shopping Centre does not represent that any information (including any file) obtained from or through the Site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Figtree Grove Shopping Centre will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information or due to your use of the Site or any website linked to the Site, howsoever caused. To the extent that any liability may be imposed on the Figtree Grove Shopping Centre, to the extent permitted by law it shall be limited to the cost of re-supplying that information.

10. DISCLAIMERS

Figtree Grove Shopping Centre updates the Site as often as is practicable, but information can change rapidly and Figtree Grove Shopping Centre does not guarantee its accuracy at any time.

The Site has been prepared under Australian law. Nothing in it constitutes an offer of securities, or an invitation to subscribe for securities, enter into any legal agreement or exercise any rights in relation to the offering of any financial product, or amount to a solicitation for any business.

By using the Site, you agree that your access to, and use of, the Site is subject to these Terms & Conditions and all applicable laws, and is at your own risk. While the information and material contained on the Site is believed to be accurate and current, it is provided by Figtree Grove Shopping Centre in good faith on an “as is” basis, and Figtree Grove Shopping Centre, related entities of Figtree Grove Shopping Centre and the directors, officers and employees of Figtree Grove Shopping Centre accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site. Any reference to products or services on the Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Figtree Grove Shopping Centre.

Subject to any non-excludable provisions in the Competition and Consumer Act 2010 and similar State or Territory legislation in Australia: Figtree Grove Shopping Centre expressly disclaims any implied or express warranties or conditions of any kind, including non infringement of intellectual property rights relating to information or materials accessible from or on the Site; and Figtree Grove Shopping Centre shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Figtree Grove Shopping Centre is expressly advised of the likelihood of such loss or damage. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the Site.

11. CONFIDENTIALITY

You should not send any information or material that you consider to be confidential or proprietary, to Figtree Grove Shopping Centre or any other person, through the Site. Any information or material sent to Figtree Grove Shopping Centre at, or through the Site, is deemed to be not confidential. You are deemed to grant to Figtree Grove Shopping Centre an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through the Site. Figtree Grove Shopping Centre is free to use any ideas, concepts, know-how or techniques that you send to Figtree Grove Shopping Centre, for any purpose.

12. PRIVACY

Figtree Grove Shopping Centre collects your personal information as set out in its Privacy Policy which forms part of these Terms & Conditions and is, available at: www.figtreegrove.com.au/privacy-policy.

13. RELEVANT PARTIES

Any indemnity, agreement, representation or promise provided by you to Figtree Grove Shopping Centre as set out in these Terms & Conditions shall be taken to be an indemnity, agreement, representation or promise also provided by you to the employees, officers, agents and owners of Figtree Grove Shopping Centre and any related entity of Figtree Grove Shopping Centre in relation to the Site.

14. WAIVER

If we fail at any time to insist upon strict performance of any of your obligations under these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

15. SEVERABILITY

If any of these Terms & Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. APPLICABLE LAW

These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.

The Site may be accessed throughout Australia and overseas. Figtree Grove Shopping Centre makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.

17. ALTERATIONS TO TERMS & CONDITIONS

Figtree Grove Shopping Centre may revise or alter these Terms & Conditions at any time. Revisions and alterations will be posted on the Site. Users are responsible for reviewing the Site from time to time to ensure compliance. If Figtree Grove Shopping Centre makes a request to you to stop using the Site or to promptly return or destroy copies of information provided on the Site, you must immediately comply with that request, and confirm in writing to Figtree Grove Shopping Centre within five (5) business days after that request, that you have done so.

18. FEEDBACK AND COMPLAINTS

You can contact us about questions or comments about the Site on 02 4298 9651 Monday – Friday 9:00AM – 5:00PM AEDST or by email to info@ figtreegrove.com.au. Complaints about a specific Participating Retailer or product must be directed to the Participating Retailer concerned. Figtree Grove Shopping Centre has no obligation to help resolve disputes with Participating Retailers. If you have a complaint about a specific purchase, and have paid by Visa or Mastercard, you may have charge back rights and should contact your financial institution.

19. ENTIRE AGREEMENT

These Terms & Conditions and any document expressly referred to in them represent the entire agreement between you and Figtree Grove Shopping Centre and supersede any prior agreement, understanding or arrangement between you and Figtree Grove Shopping Centre, whether oral or in writing.

20. Wi-Fi Terms of Use

In order to use the Figtree Grove Shopping Centre common area wireless internet access service (Figtree Grove Shopping Centre Wi-Fi Service) you will need to enter your email address and first name, or register via a third party authentication service such as Facebook Connect. By using the Figtree Grove Shopping Centre Wi-Fi Service, you accept the following Wi-Fi terms of use and privacy terms, and any modifications that may be made to these terms from time to time. If you do not agree to the terms and conditions you may not use the Figtree Grove Shopping Centre Wi- Fi Service.

In the following Wi-Fi and privacy terms: “you” and “your” means the user of the device that connects to the Figtree Grove Shopping Centre Wi-Fi Service; and “Third Party Provider” means any supplier of ours that is involved in the provision of the Figtree Grove Shopping Centre Wi-Fi Service. If you are not 18 years old or older, you must only accept these Wi-Fi and privacy terms with the approval of a parent or guardian.

21. WI-FI TERMS OF USE

21.1 You agree to these terms either by clicking “Connect to WiFi” on the Figtree Grove Shopping Centre Wi-Fi Service’s initial landing page or by otherwise accessing or using the Figtree Grove Shopping Centre Wi-Fi Service.

21.2 While Figtree Grove Shopping Centre will endeavour to provide a reliable, stable and secure Wi-Fi service and ensure that the Figtree Grove Shopping Centre Wi-Fi Service is generally available, Figtree Grove Shopping Centre (a) makes no representation that the Figtree Grove Shopping Centre Wi-Fi Service (or any associated functions) will be available at all times or will operate at all times without error and (b) expressly disclaims any representations that the Figtree Grove Shopping Centre Wi-Fi Service will operate on a continual or error free basis. The Figtree Grove Shopping Centre Wi-Fi Service in whole or in part, or particular Figtree Grove Shopping Centre Wi-Fi Service functions, may be non-operational at any time for any reason (including because of any planned maintenance or unavailability of any service).

21.3 The Figtree Grove Shopping Centre Wi-Fi Service provides free wireless internet access within Figtree Grove Shopping Centre. However the Service is not supplied for the purpose of, and is not suitable for supporting, any application or use which needs continuous fault free network connectivity and must not be used for business purposes.

21.4 The Figtree Grove Shopping Centre Wi-Fi Service provides unencrypted wireless access to the Internet. You are responsible for the security of your system, device and any transmissions you make or receive and: you are liable for all use of the Figtree Grove Shopping Centre Wi-Fi Service that occurs in connection with your device, including if you permit another person to use your device or access the Internet via your device; you are fully responsible for your activities while using this Figtree Grove Shopping Centre Wi-Fi Service (including for any content, information and other materials you access or transmit via the Figtree Grove Shopping Centre Wi-Fi Service) and you agree that you bear all risks regarding use of this Wi-Fi Service; you acknowledge that you understand the risks of unencrypted access to the Internet, and will take any necessary security precautions, including encrypting confidential transmissions, backing up any data and protecting your system and device with a firewall; and you agree that security of your equipment and data, including safeguarding against the risks of hacking, viruses, eavesdropping, and all other such hazards, is your responsibility and not the responsibility of Figtree Grove Shopping Centre.

21.5 Figtree Grove Shopping Centre does not take any responsibility for any user data which traverses the Figtree Grove Shopping Centre Wi-Fi Service network. Figtree Grove Shopping Centre cannot guarantee that your data will not become lost, damaged, or intercepted in transit using this Internet connection and does 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. Accordingly, any information which you transmit using the Figtree Grove Shopping Centre Wi-Fi Service, including for example, credit card details or personal information, is transmitted at your own risk and Figtree Grove Shopping Centre is not responsible while such information is in transit. The Australian Government has published additional information about protecting yourself in online transactions. This is available at http://www.staysmartonline.gov.au/ (this website is not provided by Figtree Grove Shopping Centre).

21.5 Other than the measures referred to in clauses 8 and 9, we do not control information transmitted over the Figtree Grove Shopping Centre W-Fi Service and you release us from any liability arising out of your use of the Figtree Grove Shopping Centre W-Fi Service, including the transmission of that information to or from you and your use of it. You acknowledge that: a. the Internet contains a variety of materials and information that may be offensive to you and that you assume full responsibility and risk of use of the Figtree Grove Shopping Centre Wi-Fi Service and the Internet; and b. you are solely responsible for your use of the Figtree Grove Shopping Centre Wi-Fi Service and for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online.

21.6 Your activities on the Figtree Grove Shopping Centre Wi-Fi Service (including sending, receiving, downloading or printing any material using the Figtree Grove Shopping Centre Wi-Fi Service) must not: a. introduce any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; b. create any liability (civil or criminal) for Figtree Grove Shopping Centre or any Third Party Provider, cause Figtree Grove Shopping Centre to lose (in whole or in part) the services of our suppliers; c. violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); d. be defamatory, trade libelous, unlawfully threatening or harassing, or advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; e. be obscene or child abuse material; f. infringe any third party’s intellectual property rights, including copyright, patent, trademark, trade secret or other proprietary rights; g. impose an unreasonable or disproportionately large load on any systems or infrastructure; or h. involve any attempt to access any data or system, service or communication which you are not authorized to access; i. must not in any way rebroadcast or retransmit the Wi-Fi network using your own devices or other equipment

21.7 Figtree Grove Shopping Centre may routinely monitor and log communications over its networks for security, performance, and other purposes, and Figtree Grove Shopping Centre may access, monitor, audit, intercept and disclose any such communications, data or information in connection with your use of the Figtree Grove Shopping Centre Wi-Fi Service.

21.8 Figtree Grove Shopping Centre may make certain Internet services unavailable, and may, in its absolute discretion, revoke your access to the Figtree Grove Shopping Centre Wi-Fi Service, at any time and for any reason with or without notice to you. In particular, Figtree Grove Shopping Centre reserves the right to: a. bar access to the Figtree Grove Shopping Centre Wi-Fi Service to anyone who is deemed to be in breach of the terms and conditions, or is behaving in an unsociable manner, or for any other reason; b. block access to any network protocols that are deemed inappropriate by Figtree Grove Shopping Centre or may contravene these Figtree Grove Shopping Centre Wi-Fi Service terms and conditions of use, including but not limited to those used by file sharing applications such as Limewire, eDonkey, or any Bit-Torrent type of client or Peer to Peer applications; and c. apply any such traffic shaping as is deemed necessary to provide access to Figtree Grove Shopping Centre Wi-Fi Service in a fair and stable manner to all Figtree Grove Shopping Centre customers.

21.9 As a complimentary service, the Figtree Grove Shopping Centre Wi-Fi service are provided “as-is” and “where-is,” without any warranties, express or implied.

21.10 To the extent permitted by law, Figtree Grove Shopping Centre nor any third party provider is not liable for any loss or damage of any kind caused or contributed to by your use of the Figtree Grove Shopping Centre Wi-Fi Service, including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if we are expressly advised of the likelihood of such loss or damage. If liability cannot be excluded by law, our liability and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you is limited to AUD$100.00. If liability cannot be limited or excluded by law, then to the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Figtree Grove Shopping Centre’s liability is limited to the following: a. if the breach relates to goods, repairing or replacing those goods or paying the cost of having those goods repaired or replaced; and b. if the breach relates to services, resupplying those or equivalent services or paying the cost of having those services resupplied. To the extent permitted by law, you indemnify Figtree Grove Shopping Centre, its related bodies corporate, directors, officers and employees from any loss or damage of any kind caused or contributed to by your use of the Figtree Grove Shopping Centre Wi-Fi Service.

21.11 Figtree Grove Shopping Centre reserves the right to alter the terms and conditions stated in this document at any time and for any reason. Continued use of the Figtree Grove Shopping Centre Wi-Fi Service by you constitutes your binding acceptance of such revisions, amendments, and modifications. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE Figtree Grove Shopping Centre WI-FI SERVICE.

21.12 If any of these terms is determined to be invalid or unenforceable under any applicable law, the term will be ineffective to the extent of such determination and such invalidation of such part or portion of these terms will not invalidate the remaining portions of these terms and they will continue to, and will remain, in full force and legal effect. 21.13 Figtree Grove Shopping Centre may collect personal information from you, when you use the Figtree Grove Shopping Centre Wi-Fi Service as set out in the privacy policy available at: www.figtreegrove.com.au/privacy-policy