Terms and Conditions

Current as at 1 June 2023

We update our site as often as is practicable, but information can change and Clifford Gardens Shopping Centre does not guarantee the accuracy of that information at any time. We are not liable for any loss or damage incurred arising out of, or in connection with, any reliance on the information displayed on this site, or any use of 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 referenced herein, or any device used to access or view our site. The Site has been prepared under, and in accordance with, relevant Australian laws. Nothing displayed on this website, or contained 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 have displayed a range of products through various means, prices (as may be varied from time to time), and stores available in Clifford Gardens Shopping Centre. Some of this content links through to a retailer website for purchase. Any prices displayed are provided by relevant retailers and suppliers to us and are updated to Clifford Gardens Shopping Centre’s best efforts, as soon as practicable, to reflect pricing changes. However, we advise you to review the relevant retailer’s website for the most accurate information about price and availability.

Clifford Gardens Shopping Centre does not accept any responsibility for price variations or errors, availability of products (or lack thereof), or quality of products. No responsibility is accepted by Clifford Gardens Shopping Centre for the accuracy of any statement, representation or advice contained in the text or advertisements or the accuracy of any prices quoted.

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 cliffordgard.wpengine.com

1. ABOUT THE SITE

This website (Site) is an online venue which allows users to do a number of activities, including signing up to be members, to view shopping centre and retailer information and navigate to the linked websites of retailers participating in the Site (Participating Retailers). In addition to these Terms & Conditions, you should also refer to the terms and conditions of each Participating Retailer.

2. ACCEPTANCE OF TERMS

Your access to and use of the Site, including your use of the materials and information accessible through, on, or from the Site, is governed by these Terms & Conditions.

Your use of the Site is conditional 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. You must not access, browse or otherwise use the Site unless you agree to be bound by the Terms & Conditions.

Clifford Gardens Shopping Centre reserves the right to amend the Site, including any information, statements, links, or content otherwise contained, displayed, or referenced therein 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 in our absolute and complete discretion.

3. ACCESSING THE SITE

Access to the Site is not provided on a continuous, uninterrupted or permanent basis. Not all sections or sub-pages of the Site may be able to be accessed by all users of the Site. Clifford Gardens Shopping Centre reserves the right to withdraw or amend the service Clifford Gardens Shopping Centre provides on the Site without notice. Clifford Gardens 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, Clifford Gardens 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 Clifford Gardens Shopping Centre with information about yourself that is true, accurate, current and complete in all respects. You warrant that any and all information that you provide about yourself during that registration process is true, accurate, current and complete. Clifford Gardens 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. Clifford Gardens Shopping Centre has the right to disable or modify any user identification code or password, whether chosen by you or allocated by Clifford Gardens Shopping Centre, at any time, if in Clifford Gardens Shopping Centre’s opinion you have failed to comply with any of the provisions of these Terms & Conditions.

4. SITE MEMBERSHIP

When you sign up to become a member of the Site, you will provide us with certain personal information. Your personal information may be used for providing you with news, offers and information about the Site, Clifford Gardens Shopping Centre and promotions run by Clifford Gardens Shopping Centre, as well as for the purposes set out in section 13 of these Terms & Conditions.

5. PRODUCTS ADVERTISED ON THE SITE

Products advertised on the Site are provided by, and sold by (subject to relevant availability of those products, of which Clifford Gardens Shopping Centre makes no representation or warranties), Participating Retailers. Clifford Gardens Shopping Centre does not review or control, and is not responsible in any way for, listings provided by Participating Retailers or purchases made, or transactions carried out, on or through a Participating Retailer’s website. Products advertised by Participating Retailers on the Site (Products) may vary from time to time (irrespective of whether that variation is affected by changes to the relevant advertising of that Product, the relevant laws and regulations applicable to that Product, by reason of changes to the Product itself, the terms on which that Product is offered, or otherwise). 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, Clifford Gardens Shopping Centre is not liable for any costs, damages or other loss arising out of, or 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 Restricted Products are subject to the terms and conditions of the Participating Retailer selling those Restricted Products as governed by applicable law and regulations. If you wish to discuss or organise a return, exchange or refund of any item, please contact the Participating Retailer directly.

6. PRICES & TAXES

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

The Site is designed for use by Australian residents.

7. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

Clifford Gardens Shopping Centre is the copyright owner of the content of the Site or is licensed by the relevant 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, content, 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 Clifford Gardens Shopping Centre; alter, decompile, disassemble, reverse engineer or modify any material, content, 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 Clifford Gardens Shopping Centre. All trademarks, brands and names appearing on the Site are the property of their respective owners. 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.

8. LINKS AND THIRD-PARTY STATEMENTS ON THE SITE

You may establish, copy, or transmit a link our home page, provided you do so in a way that is fair, in accordance with these Terms and Conditions, compliant with all applicable laws and regulations, and in a manner that 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 or, if one does exist, then in a manner inconsistent with the terms of that association, approval or endorsement. 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, Clifford Gardens Shopping Centre, including those of Participating Retailers. Clifford Gardens 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). You acknowledge and agree that when you access an Other Website, that Other Website is independent from the Site, and Clifford Gardens Shopping Centre has no control over the content on that Other Website. Any link to an Other Website is provided only as a convenience to users of the Site. Other Websites are not under the control of Clifford Gardens Shopping Centre, and Clifford Gardens Shopping Centre is not responsible, in any way, for the accuracy (or lack thereof) of any information on any Other Website, and Clifford Gardens Shopping Centre is not, in any way, responsible to any party who incurs damage or loss arising out, or in connection with, any reliance on the information displayed on an Other Website. Clifford Gardens 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, malware, and any other material or programs of a destructive or invasive nature.

Clifford Gardens Shopping Centre will not routinely monitor or review statements made by persons (Third Parties) on the Site. Third Parties may post statements or information on some portion of the Site, from time to time, including in connection with Products (Third Party Posted Material). Clifford Gardens Shopping Centre has the right at all times to remove any Third Party Posted Material from the Site and/or to edit any Third Party Posted Material, including in response to complaints received in relation to that material (irrespective of the topic, nature, weight, or accuracy of those complaints). Clifford Gardens Shopping Centre makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. Clifford Gardens Shopping Centre expressly disclaims any liability to you for all Third Party Posted Material. Subject to any liability which cannot by law be excluded, Clifford Gardens Shopping Centre is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of, or in connection with, any use of the Site, the use of any other hyper linked website, embedded links, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Clifford Gardens Shopping Centre has been expressly advised of the possibility of such loss or damages.

You must indemnify and keep indemnified Clifford Gardens Shopping Centre in respect of all loss and expense suffered by you as a result of any use, reliance upon, or exploitation by you of any Third Party Posted Material or any Other Website, or both.

9. SECURITY

While Clifford Gardens Shopping Centre endeavours to take appropriate technical and organisational measures to safeguard the personal data that you provide to Clifford Gardens Shopping Centre, Clifford Gardens Shopping Centre makes no warranty, guarantee or representation that a transmission made through, or in connection with, the Site is secure. Consequently, please note that Clifford Gardens Shopping Centre cannot guarantee the security of any personal data that you transfer over the Internet to Clifford Gardens 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 Clifford Gardens Shopping Centre).

10. 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 or invasive. 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 automatically and immediately, without any notice to you.

Clifford Gardens 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. Clifford Gardens 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 or embedded in the Site, howsoever caused. To the extent that any liability may be imposed on the Clifford Gardens Shopping Centre, to the extent permitted by law it shall be limited to the cost of re-supplying that information.

11. DISCLAIMERS

Clifford Gardens Shopping Centre updates the Site as often as is practicable, but information can change and Clifford Gardens Shopping Centre does not guarantee the accuracy of that information any time.

The Site has been prepared under, and in accordance with, applicable Australian law. Nothing in the Site, or displayed therein, 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 regulations, and is solely at your own risk. While the information and material contained on, or displayed in, the Site is believed to be accurate and current, it is provided by Clifford Gardens Shopping Centre in good faith on an “as is” basis, and Clifford Gardens Shopping Centre, related entities of Clifford Gardens Shopping Centre and the directors, officers and employees of Clifford Gardens Shopping Centre accept no responsibility or liability 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, or displayed in, the Site at any time. 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 Clifford Gardens Shopping Centre.

Subject to any non-excludable provisions in the Competition and Consumer Act 2010 and similar State or Territory legislation in Australia:

Clifford Gardens 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 Clifford Gardens 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 Clifford Gardens 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.

12. CONFIDENTIALITY

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

13. PRIVACY

Clifford Gardens Shopping Centre may collect your personal information through your use of the Site or through your contact with Clifford Gardens Shopping Centre. Any personal data and other information provided by you will be treated by Clifford Gardens Shopping Centre in accordance with the Online Privacy Policy. By providing any such personal data or other information you agree to the terms of the Online Privacy Policy, and in particular, you agree that Clifford Gardens Shopping Centre can collect, hold, use and disclose your personal information in the following ways:

for the purpose of and incidental to your use of the Site, including facilitating the completion of orders through the Site and other uses and disclosures we required to operate the Site; for the purposes of providing you with news and information about Clifford Gardens Shopping Centre’s events, activities and promotions; for other purposes to which you, either expressly or impliedly, consent to, and for the purposes set out above, we may transfer your personal information to others in countries outside Australia. You may access your personal information by contacting us.

14. RELEVANT PARTIES

Any indemnity, agreement, representation or promise provided by you to Clifford Gardens 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 Clifford Gardens Shopping Centre and any related entity of Clifford Gardens Shopping Centre in relation to the Site.

15. 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.

16. 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.

17. 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. Clifford Gardens Shopping Centre makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country other than Australia. If you access the Site from outside Australia, you do so at your own risk and are solely responsible for complying with the laws in the place where you access the website.

18. ALTERATIONS TO TERMS & CONDITIONS

Clifford Gardens Shopping Centre may revise or alter these Terms & Conditions at any time without notice to you. Revisions and alterations will be posted on the Site. Users are responsible for reviewing the Site from time to time to ensure compliance. If Clifford Gardens 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 Clifford Gardens Shopping Centre within five (5) business days after that request, that you have done so.

19. FEEDBACK AND COMPLAINTS

You can contact us about questions or comments about the Site on 07 4634 1371, Monday – Wednesday 9am – 5pm, Thursday 9am – 7pm, Friday 9am – 5pm, Saturday 9am – 4pm or Sunday 10:30am – 2:30pm or by email to clifford.gardens@jll.com Complaints about a specific Participating Retailer or product must be directed to the Participating Retailer concerned. Clifford Gardens Shopping Centre has no obligation to help in the process of resolving disputes, or resolving disputes with Participating Retailers. If you have a complaint about a specific purchase and have paid by Visa or Mastercard, you may have chargeback rights and should contact your financial institution.

20. ENTIRE AGREEMENT

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