Terms of Use (CF7) | Central Fair

City Arcade and City Lane - Website Terms of Use

Introduction

The website https://citylane.com.au/ and its associated features and applications (including links to its associated social media presence in Facebook and Instagram (together the Site) is owned and operated by Central Fair No.7 Pty Ltd ACN 659 885 499 as trustee for the Central Fair No.7 Trust (Centre Management).

These terms and conditions (Terms) apply to the use of the Site in conjunction with Centre Management’s Policies. To the extent of any inconsistency between the Policies and these Terms, these Terms will prevail.

If you do not accept these Terms, you must refrain from using the Site. By using the Site, you are agreeing to all of the Terms and the Policies, as may be updated from time to time. You should check this page regularly to take notice of any changes that have been made to the Terms.

Terminology

In these Terms and unless the context otherwise requires, terms defined in the Policies have the same meaning when used in these Terms (subject to any variation in the below table) and the following definitions apply:

Terms and Definitions

Centre Management

Central Fair No.7 Pty Ltd ACN 659 885 499 as trustee for the Central Fair No.7 Trust, and, where the context requires, any of its related bodies corporate as that term is defined in the Corporations Act 2001 (Cth).

Intellectual Property Rights

all present and future industrial and intellectual property rights, including:

any and all rights subsisting or capable of subsisting or being obtained under intellectual property legislation, including legislation dealing with copyright, circuit layouts, designs, patents or trademarks, and whether in Australia or overseas; and
any application for or right to apply for registration, extension, renewal, appeal or otherwise (including any rights of action) in respect of the rights referred to above

Linked Site

any other websites which are not operated by Centre Management that may be linked or referred to in any part of Centre Management’s websites from time to time, including any information published on such other websites.

Policies

Centre Management’s standard policies as made available from time to time, including, for example, Centre Management’s Privacy Policy available from the Site.

Precinct

the City Arcade and City Lane Townsville shopping precinct (the Precinct)

you, your or any similar expression

the person using the Site or interacting with Centre Management via the Site and includes your employees, agents, contractors and assigns and any entities with whom you have an indirect or direct association, including their Related Bodies Corporate (insofar as that term is defined in the Corporations Act 2001 (Cth)).

Amendments to Terms

Centre Management reserves the right, in its absolute discretion, to amend these Terms or any of the services or functionalities of the Site from time to time. Amendments to these Terms will be effective immediately upon notification on the Site. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Website

Access to the Site is permitted on a temporary basis, and Centre Management reserves the right to withdraw or amend the Site or any services provided through it without notice. Centre Management will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, Centre Management may restrict access to some parts or all of the Site.

Information about the Precinct made available on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law), Centre Management cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to it by these third parties.

Accounts

To access some features of the Site, you may be required to register an account (Account). To the extent any such Account is operated or managed by Centre Management, you must provide us with accurate and current personal information including your name, address, a valid email address and any other information reasonably requested by Centre Management. You must not register more than one Account. You should not create an Account if you are under 18 years old.

You are solely responsible for the activity that occurs on your Account and you must keep your Account password secure. Centre Management is not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. Centre Management may refer fraudulent or abusive or illegal activity to the relevant authorities.

You must not use another person’s Account without Centre Management and the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact Centre Management immediately and take immediate steps to re-secure your Account (including by changing your password).

Linked Sites

The Site may contain links to Linked Sites, which are not operated by Centre Management. Centre Management has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions of use contained within each such site.

Privacy Policy and credit

Centre Management’s privacy policy can be found at https://www.centralfair.com.au/privacy-policy. By using the Site, you consent to Centre Management collecting, using, storing and disclosing your personal information in accordance with the privacy policy (as amended from time to time) and warrant that all information provided by you is accurate and up to date.

Prohibitions

When using the Site, you must not:

commit or encourage a criminal offence;
transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
hack into any aspect of the Site or its services (including by interfering with security-related or other features of the Site);
corrupt data or cause annoyance to other users or Centre Management;
infringe any other person's rights, including any of their Intellectual Property Rights;
send any unsolicited advertising or promotional material, commonly referred to as "spam";
attempt to affect the performance or functionality of the Site or any computer facilities of, or accessed through, the Site; or
use data mining, robots, screen capping or similar data gathering or extraction tools on the Site.

Any breach of the above obligations may constitute a criminal offence and Centre Management may, in its discretion, report any such criminal offence to the relevant law enforcement authorities and disclose your identity to them.

Centre Management will not be liable for any Liability caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any Linked Sites.

Intellectual Property, software and content

The Site and the contents on the Site are subject to copyright, trade marks and other Intellectual Property Rights. Unless stated otherwise, these Intellectual Property Rights are owned by, or licensed to, Centre Management.

The Intellectual Property Rights in all software and content (including photographic images) made available to you on or through the Site remain the property of Centre Management or its licensors. All such rights are reserved by Centre Management and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site (including those relating to our suppliers) nor may you use any such content in connection with any business or commercial enterprise.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and locations featured on the Site are in no way associated, linked or affiliated with Centre Management and you should not rely on the existence of such a connection or affiliation. Any trademarks or names featured on the Site are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Centre Management.

We do not claim ownership of the materials you provide to Us (including feedback and suggestions) or post, upload, input or submit to any services or its associated services for review by the general public, or by the members of any public or private community, (each a “submission” and collectively “submissions”). However, by posting, uploading, inputting, providing or submitting (“posting”) your submission you are granting Centre Management, its affiliated companies and necessary sublicensees permission to use your submission and the license rights to:

copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission;
publish your name in connection with your submission; and
sublicense such rights to any supplier of services to Centre Management.

No compensation will be paid with respect to the use of your submission, as provided herein. We are under no obligation to post or use any submission you may provide and Centre Management may remove any submission at any time in its sole discretion.

By posting a submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in these terms of use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.

In addition to the warranty and representation set forth above, by posting a submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“images”), you warrant and represent that:

you are the copyright owner of such images, or that the copyright owner of such images has granted you permission to use such images or any content and/or images contained in such images consistent with the manner and purpose of your use and as otherwise permitted by these terms of use and the services;
you have the rights necessary to grant the licenses and sublicenses described in these terms of use, and
each person depicted in such images, if any, has provided consent to the use of the images as set forth in these terms of use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such images.

By posting images, you are granting:

to all members of your private community (for each such images available to members of such private community); and/or
to the general public (for each such images available anywhere on the services, other than a private community)

permission to use your images in connection with the operations of Centre Management;

By posting images, you are also granting a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your images without having your name attached to such images, and the right to sublicense such rights to Centre Management or its nominee.

The licenses granted above with respect to images will terminate at the time you remove (or request the removal of) such images, provided that, such termination shall not affect any licenses granted in connection with such images prior to the time you completely remove such images.

No compensation will be paid with respect to the use of your images.

Disclaimer of liability

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.

To the fullest extent permitted by law, Centre Management hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Site or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect Centre Management's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to the Site

You may not link to the Site or any part of the Site in a way that damages Centre Management’s reputation or takes advantage of it, nor may you establish a link in such a way as to suggest any form of association, approval or endorsement on Centre Management’s part where none exists. You must not establish a link from any website that is not owned by you or in any way that is illegal or unfair. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page (if we consent to you doing so). Centre Management reserve the right to withdraw linking permission without notice.

Promotions

From time to time Centre Management may run promotions on the Site, which are subject to both these Terms, the Policies and any additional promotion-specific terms that are incorporated into those documents by reference. Promotion-specific terms may include conditions in respect of brands, purchase periods, purchase methods, minimum spend requirements (including bundle discounts), partner promotions, games of chance or games of skill. These promotion-specific terms may be included in email notifications of the promotion or they may be advertised on the Site. You should ensure that you read the specific conditions that apply to each promotion. Without limiting any other terms applicable to any promotion, Centre Management reserves the right to reject any request to participate, in its discretion. By proceeding to purchase you agree and accept the terms of the applicable promotion.

Indemnity

You agree to indemnify, defend and hold harmless Centre Management, its directors, officers, employees, consultants, agents, and affiliates, from any and all Liability and third party claims or Liability arising from your use of the Site or your breach of the Terms or the Policies.

General provisions Governing law

If any part of these Terms is unenforceable (including any provision in which Centre Management excludes liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any provision (or part of it) can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

These Terms are governed by the laws of the Queensland and you irrevocably submit to the non-exclusive jurisdiction of the courts of the Queensland.

Currency

These Terms were last updated on 29 September 2022