Vicinity Digital Terms

These Vicinity Digital Terms govern your use of the websites, apps, online services, social media channels, free shopping centre WiFi and electronic communications ('Digital Services') operated by Vicinity Centres ('Vicinity', 'we' or 'our').

Vicinity Centres owns, develops and manages shopping centres and mixed-use properties across Australia and is made up of Vicinity Limited ABN 90 114 757 783, Vicinity Centres Trust ARSN 104 931 928 and their respective controlled entities, including Vicinity Centres PM Pty Ltd ABN 96 101 504 045.

By accessing our Digital Services, you agree to these Vicinity Digital Terms. If you do not agree to these Vicinity Digital Terms, you must not access or use our Digital Services.

We require users who register to subscribe or access certain Digital Services using their personal information to be at least 16 years of age or older. We may disable access to our Digital Services where you enter a birth month or year which indicates that you are not old enough to be registering to subscribe or access our Digital Services.  

Digital Services requiring such registration include our shopping centre newsletters and promotions, VIP shopping centre event and loyalty programs, social media channels, paid parking, free shopping centre WiFi, tenant services and service provider portals.

We may update these Vicinity Digital Terms from time. By continuing to access or use our Digital Services after being notified of updates to our Terms of Use, you are taken to have agreed to these Vicinity Digital Terms as updated from time to time.

Some of our Digital Services will include their own additional terms, including notices and disclaimers. You should read and accept the additional terms for specific Digital Services when they are provided and they will override these Vicinity Digital Terms to the extent of any inconsistency. 

We reserve the right to disable your credentials and restrict, suspend or cancel your access to our Digital Services at any time and for any reason, acting reasonably and subject to any additional terms which apply to specific Digital Services, including where we form the view that there has been actual or suspected compromise of the security of the Digital Services, unauthorised use of the Digital Services or breach of the Vicinity Digital Terms.

All restrictions, disclaimers and limitations of liability in these Vicinity Digital Terms will continue to apply after such restriction, suspension or cancellation.

Our Digital Services may include their own privacy notices which describe how Vicinity handles personal information collected in relation to that service. Our Privacy Policy provides further 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.

If you sign up for our Digital 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. 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 Digital Services and that:

• you are responsible for safeguarding your systems, devices, transmissions and data against the risk of security compromise when accessing the Vicinity Digital Services; and

• Vicinity monitors and logs communications over its networks for security, performance, and other purposes and may also access, monitor, audit, intercept and disclose any such communications, data or information in connection with your use of the Digital Services.

You acknowledge and agree that our free shopping centre WiFi 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.

By accessing or using the free shopping centre WiFi provided by Vicinity ('Vicinity WiFi Service'), you agree to these Vicinity Digital Terms. If you do not agree to these Vicinity Digital Terms, you must not access or use the Vicinity WiFi Service.

To log in to use the Vicinity WiFi Service on your WiFi-enabled device, you will need to provide your name, email address and other details as requested.

Each time you log in, you may also be asked whether you would like to redeem retailer promotional offers made available to users of the Vicinity WiFi services. These offers may be tailored to you based on your personal information.

Whilst reasonable efforts are made to make the Vicinity WiFi Service available to you, you acknowledge and agree that:

• the Vicinity WiFi Service is not suitable for any business application or use which needs continuous, uninterrupted and fault-free network connectivity and data flows;

• the Vicinity 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);

• we may block access to any network protocols that we deem inappropriate, including file sharing applications and websites; and

• we may apply traffic shaping to the Vicinity WiFi Service where we deem it appropriate in order to provide fair and stable access to the Vicinity WiFi Service to all users.  

Notwithstanding anything contained in these Vicinity Digital Terms, to the maximum extent permitted by law, Vicinity, Optus Networks Pty Limited ABN 92 008 570 330, Singapore Telecommunications Limited ARBN 096 701 567 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 Vicinity WiFi Service.

By accessing the Vicinity WiFi Service, you consent to Vicinity and its WiFi service providers using the types of information collected during use of the Vicinity WiFi Service as set out in Vicinity's Privacy Policy and for the purposes set out in Vicinity's Privacy Policy.

We also de-identify and aggregate data from your use of the Vicinity WiFi Service for market research and data analytics purposes. We may also disclose your personal information to our related bodies corporate and service providers, including those located in the USA and Singapore. We also collect information about your usage of the Vicinity WiFi Service by using cookie files and other tracking technology.

Our Privacy Policy provides further 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.

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

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

• breach these Vicinity Digital Terms;

• infringe upon the privacy, intellectual property or legal rights of third parties;

• 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;

• compromise the security of our Digital Services, such as by hacking our Digital Services or intercepting and examining the content of messages, files or communications whilst in transit on the Vicinity WiFi Service; or

• involve spamming, transmitting, posting, uploading, or otherwise making available 'Unauthorised Content' as listed below.

Unauthorised Content includes content which:

• is harassing, abusive, threatening, discriminatory or offensive;  

• promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• portrays persons exploited in a violent or sexual manner; or

• contains nudity, violence, pornography or content linked to adult websites.

Nothing in our Digital Services constitutes:

• an offer or invitation to subscribe for securities or purchase a financial product; or

• financial advice, a financial product or a solicitation for any business either in Australia or in any place outside Australia.

Our Digital 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.

Such third party materials are not under our control nor are they associated with Vicinity and to the maximum extent permitted by law we are not responsible for any such third party material on, or linked to from, our Digital Services.

In particular, Vicinity makes no endorsements, representations or warranties about any third party materials which you may access through our Digital Services in relation to:

• the quality, accuracy, merchantability or fitness for purpose of any material on, or linked to from, such third party materials or any products or services available through such third party materials; or

• any third party material on, or linked to from, our Digital Services not infringing the intellectual property rights of any person. We are not authorising the reproduction of third party material by linking material in our Digital Services to third party material.

Our Digital Services are in no way sponsored, endorsed or administered by, or associated with any third party platform, social media platform or App provider (including, but not limited to the providers of Facebook, Instagram and X (formerly Twitter)) or any of their related entities (each a 'Provider').

By using a Provider’s App, third party platform or social media platform to access our Digital Services, you acknowledge that you may need to also be bound by that Provider’s terms and acknowledge that our Vicinity Digital Terms are not intended to conflict with, derogate from or override that Provider’s terms which govern use of the relevant platform or App.

Access to our Digital Services is not provided on a continuous, uninterrupted or fault-free basis.

While Vicinity uses reasonable efforts to maintain and update the Digital Services, they are provided ‘as is’ and ‘as available’. 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 Digital Services or content included in the Digital Services. We are not responsible for any error or omission in the Digital Services and reserve the right to make changes without notice. We do not guarantee that the Digital Services, or third party links or platforms which it connects to, will be free from viruses. 

Unless otherwise specifically stated, copyright in the content included in our Digital 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.

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

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

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

To the maximum extent permitted by law, Vicinity, its directors, officers and employees are not liable (whether in contract, tort including negligence, under statute or otherwise) for any Loss or Claim (including loss of profit or revenue, loss of use, legal costs and defence or settlement costs) arising under or in connection with:

• the Digital Services or third party services/materials linked or referred to in the Digital Services;

• errors in the pricing, sales, availability or quality of products, services, marketing, promotions or other content displayed or referred to in the Digital Services; or

• 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 Digital Services or reliance on the content of our Digital Services,

except to the extent that such Loss or Claim is caused or contributed to by Vicinity's fraud, gross negligence or wilful misconduct.

In respect of any conditions, warranties and guarantees which cannot be excluded by law, to the extent permitted by law, our liability for a breach of such a condition, guarantee or warranty is limited (at our option) to supplying the services again or payment of the cost of having the services supplied again.

'Claim’ includes any investigation, notice, complaint, demand, claim, action, litigation, proceeding or judgment arising in connection with these Vicinity Digital Terms, whether based in contract, tort, statute or otherwise, and whether or not losses or amounts are liquidated or not, and irrespective of whether any Loss has yet been incurred.

‘Loss’ means any loss, damage, liability or obligation, tax, compensation, fine, penalty, charge, payment, cost or expense (including any legal cost and expense) however it arises and whether present or future, fixed or unascertained, actual or contingent.

Our rights under these Vicinity Digital Terms may only be waived in writing signed by us.

If any of these Vicinity Digital Terms are determined to be invalid, unlawful or unenforceable, such terms must be read down to the extent necessary to prevent that part of these Vicinity Digital Terms 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.

These Vicinity Digital Terms and your use of the Digital Services are governed by the laws of the state of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria with respect to all matters concerning these Digital Services.