Terms and Conditions
These terms and conditions (Terms) were last updated September 2021
www.kareelavillage.com.au (Website) is operated by Dan Properties Pty Ltd ABN 83 485 390 144 (Centre Manager, we, us, our) and provides information about Kareela Village (the Centre) and participating retailers.
If you have any queries regarding these Terms, please email us at email@example.com
Conditions of Entry
Last updated September 2021
In order to provide an enjoyable and safe environment for all tenants, customers, visitors and invitees to the Kareela Village Shopping Centre (all buildings, improvements and land including, car parks and access ways) (Centre), Dan Properties Pty Ltd (Dan) has adopted the following Conditions of Entry:
1. By entering the Centre each and every person agrees to be bound by these Conditions of Entry as well as any Centre Rules. Should any person not agree or accept any of the Conditions of Entry or the Centre Rules, then that person should immediately leave the Centre.
2. The Centre is private property and Dan reserves the right to refuse admission to any person to the Centre and may remove any person from the Centre at any time for any reason.
3. The movement of individuals throughout the Centre will be subject to monitoring by closed circuit television or other surveillance equipment within and surrounding the Centre. The recorded images and material shall be used by Dan for operational, management, security and public risk purposes. The use of closed circuit monitoring is for the safety and well being of all persons attending the Centre.
4. By entering the Centre, each individual consents to their information (including images) being recorded by such surveillance equipment and to the extent that Dan deems such disclosure to be necessary to protect its lawful interests, the public interest or the safety of persons or property at the Centre, Dan may disclose the information recorded to anyone (including law enforcement bodies and persons involved in legal actions).
6. By entering the Centre each individual consents to his/her voice, image, name and or likeness being used (without any compensation whatsoever) in films, advertisements, tapes or printed media for exploitation in any and all media whether now known or hereafter devised for eternity, and waives all personal rights and objections to (including the right to inspect) any use which will be made thereof and he/she shall release Dan (including any duly authorised agents or representatives) from any liability whatsoever arising from any such use.
or by phone
8. By entering the Centre, each individual consents to a search of their bags, parcels and any other personal belongings being undertaken by Dan, its managers, employees, servants and agents.
9. To the fullest extent permitted by law, Dan is not liable for any loss, damage or injury to any property or person in the Centre whether or not caused by the negligent acts or omissions of Dan, its managers, employees, servants and agents, and you agree to release us from any and all claims in relation to such matters.
10. Any person who damages or causes any damage or loss to any other person, property or goods at the Centre will be liable for all direct, consequential or special loss or damage or injury suffered and will indemnify and shall keep indemnified Dan against all claims, expenses and other liabilities which may be brought against or incurred by Dan in relation to such loss and damage.
11. Persons parking vehicles in the Centre will do so at their own risk. Dan shall not be liable for any damage to vehicles, theft of any valuables from a vehicle or for any other loss or damage of whatsoever nature or kind to any vehicle or to the contents of any vehicle parked or driven in the Centre.
12. Vehicles not parked in accordance with the Centre or Car Parking Rules may be entered and removed by Dan (including by any duly authorised agents or representatives) at the sole risk and expense of the owner of the vehicle.
13. The use of any photographic, video or audio recording equipment by any person in or around the Centre, without the prior written consent of Dan is strictly prohibited and Dan may remove any person from the Centre for contravening this condition.
Use of the Website
We require that users must not, without our prior written permission:
- use any robot, spider, other automatic software or device, or manual process to monitor or copy this Website;
- copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes any part of this Website; or
- do anything which may damage or interfere with the proper operation of the Website.
- provide links to this Website from any third party website.
Interacting with us through social media
If you deal with us through our Social Media Page, please ensure that you are aware of and comply with the social media platform provider’s terms and conditions of use.
As the Centre Manager wishes to provide a welcoming space for all users, we require that users of our Social Media Pages do not abuse or offend others, upload or post any material that may infringe the intellectual property or other rights of another person or interfere with or disrupt with the operation of the Social Media Page. If you believe that a user has breached any of these conditions, please contact us.
We may modify or remove any material uploaded or posted on a Social Media Page by any user, without notice.
Social Media Competitions
Competitions are in no way sponsored, endorsed or administered by or associated with, Facebook or Instagram.
The Centre Logos are trademarks owned by or licensed to us (Trade Marks). Trademarks used to describe third parties are trademarks of those third parties.
You acknowledge and agree that:
- except as expressly set out in these Terms, you obtain no patents, trademarks, design rights, copyright, trade names, confidential information or other similar rights or obligations (Intellectual Property Rights) in any part of the Website or Social Media Page.
- by uploading, posting or otherwise making available any material via a Website or a Social Media Page, you grant us a non‑exclusive, worldwide, royalty-free, perpetual licence to copy, edit and use the material in any form for any purpose.
As between you and us, all Intellectual Property Rights in this Website and Social Media Page vest in us. If you become aware of any infringements or suspected infringement by any third party of any Intellectual Property Rights in this Website, please immediately notify us.
Third party content and links
The Website and the Social Media Pages may contain links to or display the content of third parties and links to websites which are not under our control. If you use or rely upon third party content or websites, you do so at your own risk.
The information on the Website and the Social Media Pages are provided “as is”. While the Centre Manager takes reasonable steps to ensure that information on its Website and Social Media Pages is accurate, current and complete, we do not guarantee or make any representation or warranty in relation to the accuracy, currency or completeness of the information, nor in relation to the merchantability and fitness for a particular purpose.
To the fullest extent permitted by law, we are not responsible for, and accept no liability with respect to, any material made available on the Website or Social Media Page by a third party. We do not endorse any opinion, advice or statement made by any person other than us.
By accessing the Website or a Social Media Page, the user assumes all risks associated with its use, including the risk that the user’s computer, software or data may be damaged or lost by data transmission errors or any virus. If you choose to send any confidential information to us electronically, you do so at your own risk.
Limitation of liability
Any liability as a result of our failure to provide, or for any problems with, the Website or a Social Media Page or any part of same, which cannot be lawfully excluded, is limited to the maximum extent permitted by law (as we reasonably determine), to resupplying the Website or Social Media Pages to you.
Website usage and cookies
The Centre Manager documents the IP addresses, browser types, and access times, requested URLs and referred URLs of users of the Website. The purposes of this include monitoring usage patterns, carrying out system administration, troubleshooting problems and obtaining broad demographic information about users. Such information is not personally identifiable and is not shared with third parties other than our related companies, agents, contractors and service providers.
When you access our Social Media Page, you should read the information collection policy of the relevant social media platform provider.
Waiver and change of Terms
These Terms may only be waived through an expressed waiver signed by both the Centre Manager and the relevant user. The failure of the Centre Manager to enforce or insist upon enforcement of any rights under these Terms will not be taken as a waiver of the other rights under these Terms.
We may change these Terms and publish the changed Terms on the Website and the Social Media Page. Continued usage of the Website or Social Media Page will be taken as the user’s acceptance of the changed Terms.
Our privacy commitment
Dan Properties Pty Ltd ABN 83 485 390 144 “Kareela Village” (Centre Manager, we, us, our) is committed to respecting and protecting your privacy. We comply with the Australian Privacy Act 1988 (Privacy Act) and the Australian Privacy Principles.
What personal information do we collect?
In the course of our business activities, we may collect certain personal information from individuals including customers, tenants, prospective tenants, service providers and people seeking employment. Personal information includes information that is capable of identifying an individual person, such as your name, contact information, address, and demographic information such as postcode and preferences and interests.
If you are a tenant, prospective tenant or a guarantor, we may collect and use information about previous property transactions and dealings you have had with us. If you apply for employment with us, we may collect your employment history and qualifications.
From time to time, we may also collect sensitive personal information about visitors to the Centre, such as medical information so that we can respond to incidents. Sensitive personal information will only be collected with your consent.
We usually collect personal information because it is provided directly by you to us (including in person, via our website, over the telephone, or via social media), through CCTV footage when you visit the Centre, when entering into commercial or other transactions and arrangements with you (including service agreements and leases) and when you seek employment with us. We may also collect personal information from third parties such as law enforcement agencies and other government entities but only in accordance with the Privacy Act.
Use of personal information
We may collect, store, use and disclose personal information for purposes that include:
- answering enquiries and servicing the needs of our customer and tenants;
- improving services and shopping experiences we provider, including though market research that does not identify individual persons;
- enabling communication with tenants and prospective tenants of the Centres;
- responding to any incidents at the Centres;
- reviewing the range of stores operating within the Centres and considering future retail opportunities;
- providing customers with information about competitions, discounts and store openings;
- carrying out internal functions including training;
- assessing retail tenancy and employment applications; and
- managing and resolving any legal or commercial complaints and issues.
We may also use and disclose information for other related purposes within the reasonable expectations of the person from whom we collected the information, for other purposes required or authorised by law, or in other circumstances with the person’s consent.
Use of personal information for marketing
Where you have given us contact information, we may contact you via mail or email to keep you informed of Centre developments and to provide other information related to our business in which we think you may be interested. Personal information is only used for direct marketing purposes where that information was collected for such a purpose or with such a purpose reasonably apparent.
If you do not wish to receive marketing materials from us, you should advise the Privacy Officer or unsubscribe by following the unsubscribe instructions in each of our direct marketing communications. We will act on such a request as promptly as practicable, but we cannot guarantee that the receipt of such materials will cease immediately.
Sharing of Personal Information
We may share certain personal information with third parties including, our agents, contractors and service providers (including database server providers, market research companies, and, in relation to tenants which have defaulted on lease, debt collection agencies). We may also disclose personal information to our related companies and their agents, contractors and service providers. If you are a prospective tenant, we share certain information with your business references and nominated guarantors. If you have applied for employment with us, we may disclose certain information to your referees.
We may also disclose personal information to a person or organisation proposing to purchase the whole or part of our business, as well as to law enforcement agencies or government authorities.
Personal information is only shared where it is necessary for the operation of our businesses or to provide services to customers or tenants. We do not, in the usual course of our business, store, process or otherwise disclose personal information outside of Australia. We ensure that, where reasonable, third parties undertake to protect the personal information disclosed to them. Details of our privacy group can be obtained from the Privacy Officer.
If you interact with us through social media, your information may be stored overseas by the providers of the social media platform in countries such as Europe, USA or India. Please refer to the information handling policies of the relevant social media service provider for more information.
We will not sell personal information to external organisations.
We hold personal information in electronic or hard copy form. We use reasonable and appropriate measures to protect the personal information we collect from misuse, loss, unauthorised access, modification or disclosure. Safeguards include having controlled premises, secured electronic databases and internet firewalls. We ensure that our employees, contractors and agents are contractually required to maintain confidentiality of all personal information.
We use data files known as “cookies” on our websites. Cookies cannot be used to identify you and will not give us access to your personal information (other than the information you have chosen to share with us directly). If you wish to avoid cookies you can do so by disabling cookies on your internet browser, however you may not be able to use all our website features.
Enquiring about personal information
You may contact the Privacy Officer if you wish to:
- enquire about any personal information we hold about you;
- change any of your personal information that may be incorrect or out of date;
The contact details for the Centre Manager are as follows at firstname.lastname@example.org
Updating this policy