TERMS & CONDITIONS
FOR MEMBERSHIP SERVICES

These Terms and Conditions govern how you (‘you’, ‘your’ or ‘user’) use the website, VIP Membership Services, Kids Club Membership Services, Guest Wifi Service, social media channels, and electronic communications ('Services') operated by Belmont Forum Shopping Centre Pty Ltd ('Belmont Forum', 'we' or 'our').

1. Accessing and using our Services

(a) By using the Website, registering for our VIP Membership Services or Kids Club Membership Services (together, Membership Services) or accessing the Guest Wifi Service, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use our Services or register for Membership Services.

(b) We may update these Terms & Conditions from time to time as our Services develop. By continuing to access or use our Services, you agree to our Terms & Conditions as updated from time to time.

(c) We reserve the right to restrict, suspend or cancel your access to our Services at any time and for any reason, including where we form the view that there has been actual or suspected compromise of the security of the Services, unauthorised use of the Services or breach of the Terms & Conditions.

(d) All restrictions, disclaimers and limitations of liability in these Terms & Conditions will continue to apply after cancellation, restriction or suspension.

2. Membership Services

(a) Once you have registered for Membership Services, you are deemed to have accepted these Terms & Conditions, and you will be issued with an email confirming your membership.

(b) The benefits you are entitled to when you register for VIP Membership Services include:

1. Exclusive offers, discounts and promotions from retailers;
2. Offers, giveaways, discounts and promotions tailored specifically to your tastes and preferences; and
3. Complimentary birthday rewards offered by our retailers.

(c) The benefits you are entitled to when you register for Kids Club Membership Services include:

1. A free gift on your birthday; and
2. Offers, discounts, giveaways and promotions tailored specifically to your tastes and preferences.
3. Registration for Kids Club Membership Services is an agreement by you as the Parent, and you agree that you are responsible for and will monitor all use of those services by or on behalf of your child.

(d) Offers, discounts and promotions are offered by and are the responsibility of the relevant retailer that makes the relevant offer. We have no responsibility for:

1. the retailers compliance with the offer, discount or promotion; or
2. the products or services supplied to you under the offer, discount or promotion; or
3. any information you provide to the relevant retailer in order to take advantage of an offer, discount or promotion.

(e) The offers discounts or promotions may be subject to terms and conditions, or qualifications, and the retailer may withhold the benefit of it if you do not meet them.

(f) By creating a membership, you provide us with certain personal information as set out in, and governed by, our Privacy Policy [see https://www.belmontforum.com.au/privacy-policy] (‘Privacy Policy’). You agree to keep and maintain accurate, complete and up-to-date information that you may provide to us regarding your membership.

(g) Users who register to access our Membership Services must be at least 16 years of age or older. We may disable access to our Membership Services where you enter a birth month or year which indicates that you are not at least 16 years of age.

(h) You may cancel your membership at any time by selecting unsubscribe at the bottom of an email from Belmont Forum. If you cancel your Membership you will no longer be able access or receive the Membership Services.

3. Privacy and security

(a) Our Privacy Policy provides information about how we handle personal information and how you can contact us to access, correct or complain about the handling of your personal information.

(b) If you sign up for our Membership Services using a login, password or security credentials, it is your responsibility to keep this information confidential and secure and not disclose it to any third party.

(c) You agree to notify us immediately of any unauthorised use of your account or password, or any other breach of security. Belmont Forum takes no responsibility for any repercussions as a result of unsecure password information.

(d) You acknowledge and agree that there are inherent privacy and security risks in accessing or transmitting information through the internet as part of your use of our Services and that:

1. you are responsible for safeguarding your systems, devices, transmissions and data against the risk of security compromise when accessing the Services; and
2. Belmont Forum may monitor and log communications over its networks for security, performance, and other purposes as well as access, monitor, audit, intercept and disclose any such communications, data or information in connection with your use of the Services.

4. Guest WiFi Service

(a) You acknowledge and agree that the complimentary Guest WiFi Service provided by Belmont Forum ('Guest WiFi Service') is an open and unencrypted public WiFi network which should not be used to send or receive sensitive personal information, process credit card payments or carry out activities like Internet banking.

(b) To log in to use the Guest Wifi Service on your WiFi-enabled device, you will need to provide your name and email address.

(c) You acknowledge and agree that:

1. the Guest Wifi Service may be unavailable at any time (including for scheduled maintenance or where the WiFi connection you are accessing or using is lost, disconnected or becomes out of range);
2. we cannot guarantee that your data will not become lost, damaged, or intercepted in transit using the Guest Wi-Fi Service. We do 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;
3. you are responsible for the security of your system, device and any transmissions you make or receive. We are not responsible for any content viewed on the internet while using the Guest Wi-Fi Service; and
4. we may block access to any network protocols that we deem inappropriate, including file sharing applications and websites.

(d) Notwithstanding anything contained in these Terms & Conditions, to the maximum extent permitted by law, Belmont Forum and any related bodies corporate or related entities of any of the foregoing entities or any employees, officers, directors, agents, consultants and sub-contractors of any of the foregoing described entities, disclaim all liability arising out of or in connection with your use of the Guest Wifi Service.

(e) By accessing the Guest Wifi Service, you consent to Belmont Forum and its WiFi service providers using the types of information listed in the Privacy Policy for the purposes specified in the Privacy Policy.

5. Compliance and unauthorised use

(a) You must comply with all laws in relation to your access to or use of our Services, including laws of the country in which you reside and from which you access our Services.

(b) You must not use our Services in an unlawful or inappropriate manner or for any purpose that would:

1. disrupt or interfere with the Services or any other user’s enjoyment of the Services;
2. breach these Terms & Conditions;
3. infringe upon the privacy, intellectual property or legal rights of third parties;
4. defame or cause damage to our reputation and brand or the reputation and brand of our products, services, shopping centres, shopping centre co-owners, directors, officers or employees;
5. compromise the security of our Services, such as by hacking, attempting to gain unauthorised access to our Services or intercepting and examining the content of messages, files or communications whilst in transit on the Guest Wifi Service; or
6. (vi) involve spamming, transmitting, posting, uploading, or otherwise making available content which:

(a) is harassing, abusive, threatening, discriminatory or offensive;

(b) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(c) portrays persons exploited in a violent or sexual manner; or

(d) contains nudity, violence, pornography or content linked to adult websites.

6. Third Party Content and external links

(a) Our Services may contain links to products, promotions, websites and electronic communications of third parties, including links which detail the products, prices and stores which are operated by our retail tenants (‘Third Party Content’).

(b) Third Party Content is not under our control and is not associated with Belmont Forum. We are not responsible for any Third Party Content on, or linked from, our Services.

(c) In particular, Belmont Forum makes no endorsements, representations or warranties about any Third Party Content which you may access through our Services in relation to:

1. the quality, merchantability or fitness for purpose of any products or services;
2. the truth or accuracy of the description of any products or services; or
3. any Third Party Content on, or linked from, our Services not infringing the intellectual property rights of any person. We are not authorising the reproduction of Third Party Content by linking material in our Services to Third Party Content.

7. Services 'as is'

(a) The Services are provided ‘as is’ and ‘as available’.

(b) To the maximum extent permitted by law, we do not provide any guarantees or make any representations, warranties or endorsements, express or implied, as to the accuracy, currency, availability, completeness, suitability, fitness for purpose or security of the Services or content included in the Services.

(c) We do not guarantee that the Services or the servers that operate them will be compatible with the hardware and software you are using to access it or them.

(d) We are not responsible for any error or omission in the Services and reserve the right to make changes without notice.

(e) We do not guarantee that the Services, or third party links or platforms which it connects to, will be free from viruses.

(f) Before taking or refraining from any action in reliance on the content including in the Services, you must make and rely on your own enquiries in relation to, and in evaluation of, the content including any information, predictions, opinions and statements contained in the Services.

(g) Belmont Forum 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 Services, howsoever caused.

8. Copyright

(a) Unless otherwise specifically stated, copyright in the content included in our Services, including all information, text, materials, graphics, property, photos, software, advertisements, names, logos, tools and results derived from the use of software and tools is owned by us or used with the permission of the owner of such content.

(b) Intellectual property in the Services is protected by copyright, trade mark and other intellectual property laws and is the property of their respective owners.

(c) You must not modify, copy, reproduce, republish, frame, download, upload to a third party website, post, transmit or distribute the content appearing in the Services in any way except where expressly permitted by the owner of the relevant content.

(d) Your use of the Services does not grant or transfer any rights, title or interest to you in relation to content included in our Services.

(e) Any comments or materials sent to us through the Website, including feedback data, questions, comments and suggestions (collectively ‘Feedback’) will be deemed to be non- confidential, but we will not publish your name or personal details without your permission. Other than those personal details, we have no obligation of any kind with respect to such Feedback and will be free to, without limitation, reproduce, use, disclose, exhibit, display, transform, delete or create derivative works from the Feedback or distribute the Feedback to others. Further, we (and in the case of Feedback you submit about or via the App, Apple) will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing goods and services incorporating such Feedback.

9. Liability

(a) To the maximum extent permitted by law, Belmont Forum, its directors, officers and employees are not liable (whether in contract, tort including negligence, under statute or otherwise) for any loss, liability, cost, damage, expense or claim (including loss of profit or revenue, loss of use, legal costs and defence or settlement costs) whether direct, indirect or consequential, arising under or in connection with:

1. the Services or third party services/materials linked or referred to in the Services;
2. errors in the pricing, sales, availability or quality of products, services, marketing, promotions or other content displayed or referred to in the Services; or
3. errors, omissions, data loss, file corruptions, interception of transmissions, downloads, computer worms, viruses, hacking or damage to your devices caused or contributed to by your use of the Services or reliance on the content of our Services.

(b) Nothing in these Terms and Conditions is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.

(c) Our liability for a guarantee or warranty implied by law or otherwise, and which cannot be excluded, is limited to the maximum extent the law allows to the replacement, re-supply or repair of the relevant goods or services.

10. General

(a) Our rights under these Terms & Conditions may only be waived in writing signed by us.

(b) If any of these Terms & Conditions are determined to be invalid, unlawful or unenforceable, such terms must be read down to the extent necessary to prevent that part of these Terms & Conditions being invalid, voidable or unenforceable, and if a term would not be invalid, unlawful or unenforceable if a word or words were removed, then those words will be deleted.

(c) These Terms & Conditions and your use of the Services are governed by the laws of the state of Western Australia, Australia. You submit to the non-exclusive jurisdiction of the courts of Western Australia with respect to all matters concerning these Services.