Terms and Conditions and Privacy Policy

Terms and Conditions of Use

Our website has been created for your convenience to facilitate and aid your use and enjoyment of the Eaton Fair Shopping Centre (Shopping Centre). This website allows users to; access information about the Shopping Centre; access information about individual tenants and retailers; keep up to date with current activities and promotions; sign up to be VIP members of the Shopping Centre; and access and connect to the websites of individual tenants and retailers.

The following Terms and Conditions have been set out here for your reference. Please familiarise yourself with this information and be aware that by accessing and making use of this website you are subject to and legally bound by all of these Terms and Conditions. If you do not agree to comply with anything contained herein then we request that you immediately refrain from accessing or using this website.

Privacy Policy

Citygate Properties Pty Ltd (Citygate) may collect Personal Information through your use of this website however we do appreciate that the privacy of your Personal Information is important and we are committed to the protection of all Personal Information in our possession. Our Privacy Policy is in place to ensure that your Personal Information remains private in accordance with the Australian Privacy Principles and the Privacy Act 1988 (Cth). Please note that by using this website and agreeing to these Terms and Conditions you will be deemed also to have read, understood and agreed to our Privacy Policy.

Use

This website may only be accessed and used in strict compliance with these Terms and Conditions and for lawful purposes. Any breach of this duty will immediately be reported to the appropriate law enforcement agency and your right to access and use this website will be terminated with immediate effect. By accessing this website you acknowledge and agree that you will be liable to and indemnify Citygate for any loss, damage or cost suffered or incurred by Citygate as a result of any such breach. In particular any attempt to gain unauthorised access to this website or any server or database connected to this website; or any attempt to introduce a computer virus or other harmful material to this website will not be tolerated.

Intellectual Property Rights

All content contained in this website including but not limited to script, imagery, photography, branding and business logos are displayed for personal use only. The reproduction, distribution, alteration, uploading or commercial use of any such content is strictly prohibited unless the prior written consent of Citygate has been obtained. Trademarks may only be used with the express permission of their respective owners.

Advertising and Promotions

This website may from time to time contain third party advertisements and information about third party promotions (Advertising and Promotions) including but not limited to Advertising and Promotions of tenants of the Shopping Centre. Any reference to products or services on this website is for information purposes only and does not constitute an endorsement or a recommendation by Citygate of those products or services. For the avoidance of doubt Citygate shall not assume any responsibility whatsoever for the accuracy of information which you have obtained from Advertising and Promotions and by accessing and using this website, you acknowledge and agree to indemnify and keep Citygate indemnified in respect of all loss and expense suffered by you as a result of information obtained from Advertising and Promotions or your purchase of goods or services from a third party referred to in this website.

The Use of Cookies

A cookie is a file that’s stored on your computer. Citygate makes use of cookies to; monitor your access to this website; monitor the effectiveness of advertising and to personalise information provided to you. Your browser can be programmed to notify you when you receive cookies and you are not obliged to accept cookies. In the event that you choose to disable cookies, certain features of this website may no longer be available for your use.

Links to Third Party Websites

A Website belonging to a third party (Third Party Site), including but not limited to a website belonging to a tenant of the Shopping Centre may from time to time be accessed through this site. A link to a Third Party Site is available for your convenience only and such Third Party Site is not controlled or managed by Citygate. We shall not assume any responsibility whatsoever for information obtained on any Third Party Site and by accessing or making use of a Third Party Site you acknowledge and agree to indemnify and keep Citygate indemnified in respect of all loss and expense suffered by you as a result of such use.

Exposure to Viruses

Citygate shall use its best endeavours to ensure that this website is not affected by viruses or harmful content. However you should be aware that we are unable to guarantee that you will not be exposed to any such content when accessing this website or any other site which may from time to time be linked hereto. It is your ultimate responsibility to ensure that your computer or device is fitted with adequate anti-virus software protection and Citygate therefore accepts no liability whatsoever for any direct, indirect or consequential damage, arising out of the use of this website.

Errors

Citygate accepts that errors in the content displayed on this website may be present and reserves the right which shall be exercised in its absolute discretion to amend any typographical error, inaccuracy or oversight which may appear in any content on this website. If you believe that there is a typographical error, inaccuracy or oversight displayed on this website we request that you contact us at properties@citygate.com.au.

Changes to the Website

Citygate may from time to time, without notice and at its sole discretion make changes to the style, content and structure of this website and reserves the right to revise these Terms and Conditions. By accessing and making use of this website you shall remain subject to and legally bound by the Terms and Conditions, as amended from time to time and published herein.

Website Availability

This website may from time to time contain third party advertisements and information about third party promotions (Advertising and Promotions) including but not limited to Advertising and Promotions of tenants of the Shopping Centre. Any reference to products or services on this website is for information purposes only and does not constitute an endorsement or a recommendation by Citygate of those

Termination

Citygate reserves the right which shall be exercised in its absolute discretion to immediately suspend, terminate or limit access to this website at any time.

Disclaimer

Citygate shall use its best endeavours to ensure that all content and information provided on this website is updated, accurate and reliable but we give no guarantee; warranty or representation about any aspect of this website or any of the content found or linked hereto. Access to and use of this website is at your own discretion and risk and Citygate accepts no responsibility whatsoever for any outdated, inaccurate or incomplete information contained in this website.

Limitation of Liability

To the maximum extent permitted by law, and notwithstanding anything contained in these Terms and Conditions, Citygate expressly excludes all liability for any loss or damage howsoever caused (including for negligence), which you or any other person may directly or indirectly suffer in connection with your access to and use of this website or that arises out of your use of or reliance on information contained or accessed through this site and/or any omissions from the content of the site.

Confidential Information

Citygate is not able to ensure that any message, material or information sent to us through this website is or will remain secure. It is possible that a message may be intercepted, accessed or reproduced by a third party and Citygate therefore strongly recommends that you do not send any confidential material or information to us via this website or by e-mail.

Waiver

Any failure (or perceived failure) by Citygate to insist upon strict performance of any obligation or to enforce any of its rights under these Terms and Conditions shall not constitute a waiver of such rights. A waiver by Citygate of any of these Terms and Conditions shall not be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

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

Governing law

These Terms and Conditions are governed by the law in force in the State of Western Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia for determining any dispute arising herein.

Questions and Comments

If you have any questions to ask or comments to make regarding these Terms and Conditions or the use of our website, please contact us via email on properties@citygate.com.au.

Conditions of Entry

Please see our Conditions of Entry document.

Centre Rules

Please see our Centre Rules document.