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TERMS AND CONDITIONS – AMP CAPITAL RETAIL MARKETING PORTAL

The AMP Capital Retail Marketing Portal website ("Portal") is owned by AMP Capital Investors Limited ABN 59 001 777 591. It is operated by AMP Capital Investors Limited, AMP Capital Shopping Centres Pty Ltd and other companies that are associates of AMP Capital Investors Limited (referred to collectively as “AMP Capital”). 
Your access to this Portal is subject to these terms and conditions, the AMP Capital Privacy Policy Statement, notices, disclaimers and any other terms and conditions or other statements contained on this Portal (referred to collectively as "Terms and Conditions").

By visiting and using this Portal, you agree to comply with these Terms and Conditions which incorporate by reference the AMP Capital website Terms of Use,  the AMP Capital Privacy Policy  and other rules that we may set out on the website from time to time. 

 

Restricted access

This Portal is provided for the use by tenants and retailers and their authorised employees, contractors and agents (“Authorised Users”) of shopping centres located in Australia and New Zealand that are managed by AMP Capital. This Portal is not provided to any person who is a resident of any other country or who is not a tenant, retailer or Authorised User within an AMP Capital managed shopping centre.

You must only use this Portal for the limited purpose of uploading Materials (as defined below) to the Portal.

 

Materials uploaded via this Portal

You acknowledge that you are entirely responsible for the content of all material, advertisements, offers, promotions, articles, gifts, event details, competitions or any other content, images or information that you post, upload or otherwise make available via this Portal ("Material").

You further acknowledge that any Materials posted, uploaded or otherwise made available via this Portal will be:

  1. subject to review and modification or amendment by AMP Capital in its absolute discretion; and
  2. be made publicly available via various websites, social media channels, hard copy documents and other forms of electronic or hard copy media managed or produced by AMP Capital.
 

AMP Capital not responsible for content of Materials

You acknowledge that AMP Capital is not responsible for and makes no representations in relation to the correctness, accuracy, nature, content or completeness of any Materials uploaded or posted by you or your Authorised Users via this Portal.  Any Material uploaded or posted by you or your Authorised Users via this Portal is solely at your risk.

In respect of all Materials that you or your Authorised Users post, upload or otherwise make available via this Portal, you represent and warrant to AMP Capital that:

  1. you have obtained all licenses, consents, permits, authorisations and approvals that may be required in relation to the Materials under any law or regulation in any jurisdiction;
  2. you are an Authorised User and have authority to provide the Materials on behalf of the relevant tenant or retailer;
  3. the Materials (nor any part of the Materials) do not breach any laws, regulations, rules or other governmental requirements in any jurisdiction (including any trade promotions, lottery, gaming or other similar laws);
  4. the Materials do not violate these Terms and Conditions;
  5. you own or have the necessary licences, rights, consents and permissions in respect of all Materials that you upload on the Portal;
  6. the Materials (including all information and images within the Materials) will not infringe, misappropriate or otherwise violate any copyright, moral rights, trade secret or other intellectual property rights of any third party (including any employees, contractors, agents or representatives of the tenant or retailer); and
  7. the Materials will not include information or content that:
    1. is offensive, abusive, inappropriate or defamatory or likely to be considered to be offensive, abusive, inappropriate or defamatory to any person;
    2. was acquired in breach of any agreement, obligation or duty, or of any applicable laws; or
    3. is misleading or deceptive (or likely to mislead or deceive) in any respect.
 

Warning about relying on Materials

You acknowledge that AMP Capital is providing this Portal for the assistance of its tenants and retailers of AMP Capital managed shopping centres. Your use of the Portal is solely at your own risk.

You acknowledge that you are responsible for confirming the accuracy, correctness and completeness of all information contained in the Materials.

You are entirely responsible for any actions that you may take or loss that you may suffer as a result of any Materials uploaded or posted via this Portal. You may wish to obtain your own financial, legal, accounting or taxation advice in relation to any Materials posted, uploaded or otherwise made available via this Portal.

 

Intellectual property rights

By uploading Materials to the Portal, you agree to grant (or procure for) AMP Capital an irrevocable, worldwide, perpetual, non-exclusive, payment free licence to:

  1. publish, reproduce, use and exploit the Materials on any AMP Capital managed website, social media platform or channel or in any other hard copy or electronic form and to the full extent permitted by law in any jurisdiction and any reasonably related secondary purposes;
  2. incorporate the Materials into one or more collective works; and
  3. allow AMP Capital to sub-license to others the same rights granted to AMP Capital in this paragraph.

The above rights may be exercised by us in all media and formats whether now known or devised in the future. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats.

To the extent that any moral rights subsist in any of the Material you submit via the Portal, you represent and warrant that you consent (and have obtained each other author's consent) to AMP Capital doing any act or omission including editing, changing or deleting some or all of the materials or information, which would, but for this consent, be contrary to the relevant moral rights.

 

Trade Promotions

You represent and warrant in respect of any Materials that contain, refer to our feature a competition, special offer, lottery or promotion (“Trade Promotion”) that:

  1. you have obtained all approvals, permits or licenses required to conduct the Trade Promotion under any law in any jurisdiction; 
  2. the Trade Promotion complies and will continue to comply with all relevant laws, rules and regulations in any jurisdiction; 
  3. the terms and conditions of the Trade Promotion will; and
    1. require the entrants or participants to specifically release AMP Capital from any liability, loss or damage in relation to the offer, promotion or competition conducted by the tenant or retailer:
    2. state that the Trade Promotion is in no way sponsored, endorsed or administered by, or associated with, AMP Capital;
  4. any Materials referencing a Trade Promotion are correct, complete and accurate in all respects and will not be misleading or deceptive; and
  5. the Materials will comply with any terms or conditions required by any relevant social media platforms.

You acknowledge that you use this Portal to upload the Materials at your own risk and that AMP Capital is in no way responsible and will not be liable (whether by reason of error, omission, negligence, lack of care or otherwise) to any person for any damage or loss whatsoever which has occurred or may occur in relation to any Materials that contain, refer to or advertise Trade Promotions.

You indemnify AMP Capital against all losses, damages, expenses, costs and liabilities (including all court costs, solicitors' and attorneys' fees) incurred by AMP Capital relating to or arising out of any Materials uploaded via this Portal which include any reference to a Trade Promotion (or other similar event).

 

Account information

By using this Portal you accept responsibility for:

  1. maintaining the confidentiality of any account information including user names, logins, passwords, and security questions and answers that you use to access any page or feature on this Portal;
  2. logging off from your account and any protected areas of the Portal;
  3. all activities occurring under your accounts, user names, logins and passwords, including that which may result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures;
  4. all activities occurring under your Authorised User’s accounts, user names, logins and passwords, including that which may result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures; and
  5. promptly reporting any suspicious or unauthorised conduct concerning your Authorised Users and accounts, user names, logins, passwords, or security questions and answers to AMP Capital where you become aware of it.
 

Limitation on Liability and indemnity

Subject to non-excludable rights under consumer protection laws, we exclude all liability to you in relation to the Portal, your use of the Portal or the actions of any other person accessing or using the Portal (including your Authorised Users).

In no event will we be liable for any damage, liability, claim or loss incurred by you in connection with or arising out of your use of the Portal or the use of the Portal by your Authorised Users. You agree to hold AMP Capital and each AMP Capital related body corporate and their respective employees,  directors, officers, agents, sub-contractors and representatives harmless for loss or damage of any kind incurred in any way relating to your use (including by your Authorised Users) of the Portal.

To the extent permitted by law, we limit our liability to resupplying, repairing or replacing the relevant goods or services (or payment of the cost of resupply, repair or replacement) where it is fair and reasonable to do so.

However, we are not liable for any loss to the extent that it is caused by you, or to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss.

If we are unable to exclude liability as set out above, you agree that our liability shall not exceed two hundred Australian dollars ($200).

You agree to indemnify AMP Capital, its related bodies corporate and their respective employees, directors, officers, agents, sub-contractors and representatives against all liability, costs (including legal costs on a full indemnity basis), expenses, loss and damage arising out of or in connection with:

  1. any Materials that you or your Authorised Users upload via the Portal;
  2. your breach of these Terms and Conditions (including by your Authorised Users);
  3. your use of the Portal (including by your Authorised Users) in violation of these Terms and Conditions; or
  4. any breach of your representations and warranties contained in these Terms and Conditions.
 

No distribution, display or sale of Portal Materials

All content available on the Portal is our property, or the property of our licensors or registered users. You must not distribute, transmit, display or sell any content on the Portal.

 

No interference with the Portal

You must not interfere with, slow, disrupt or reduce the integrity of the Portal.

You must not interfere with security features of the Portal or any features that enforce limitations on use of the Portal.

 

Viruses

You must not introduce a virus of any kind onto the Portal or do anything which may interfere with the proper working of the Portal or the devices of any users of the Portal.

We may report suspicious or illegal activity to Australian law enforcement or regulators including without limitation, ASIC.

 

Security

You must promptly notify us when you become aware of any unauthorised use of your information or account, or any suspected or actual breach of security.

 

No automated access

You must not use any robot or spider or any other automated process to access or to copy any part of the Portal or any content contained on it.

 

We may contact you

We may contact you to provide comments about your Materials or account or for other administrative purposes.

 

Our right to curate content

You acknowledge that we may access or examine any Materials and at our discretion monitor, move, remove, block, modify, edit, refuse to upload or disable access to any Materials which we consider, in our sole discretion, to breach any law or these Terms and Conditions or to be otherwise unacceptable.

 

Our rights to restrict, suspend or ban

We may restrict, suspend your use of the Portal or ban you from the Portal or a portion of the Portal if we believe that you have contravened the Terms and Conditions in any way.

Where we suspend or ban you, or where you otherwise cease to use the Portal, the licence that you grant us under these Terms and Conditions continues in accordance with these Terms and Conditions.  We may elect to amend your username or remove your username on the Portal at our discretion.

Where we exercise any of our rights, our decision is final, and we will not be obliged to provide you with reasons, or otherwise enter into further correspondence with you regarding our decision.

 

The Portal is provided “as is”

Subject to non-excludable rights under consumer protection laws, we exclude all warranties, terms and conditions, express or implied, relating to the Portal and to your use of the Portal. In particular, we do not warrant that the material on the Portal is accurate or that the Portal will be error free or operate in an uninterrupted manner and be free of viruses or bugs.

 

GENERAL CONDITIONS

These Terms and Conditions are governed by the law in force in the State of New South Wales, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning the Terms and Conditions.

These Terms and Condition can be modified at any time by AMP Capital Investors and you agree to continue to be bound by these Terms and Conditions as modified. We will give you notice of these changes by publishing revised Terms and Conditions on this Portal - we will not separately notify you of these changes.

If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.

You should be aware that the internet is not a completely reliable transmission medium. We shall not have any liability for any data transmission errors such as data loss or damage or alteration of any kind, including, but not limited to, any direct, indirect or consequential damage, arising out of the use of the services provided herein.

Messages that you send to us by e-mail may not be secure. We recommend that you do not send any confidential information to us by e-mail. If you choose to send any confidential information to us via e-mail you do so at your own risk with the knowledge that a third party may intercept this information. Instructions sent by you via e-mail and to this Portal are processed exclusively at your risk.

AMP Capital Investors may suspend or terminate the provision of this Portal at any time, without notice and with immediate effect.

These Terms and Conditions do not create a partnership, joint venture, agency or employer-employee relationship between us and you.

You must not assign or otherwise deal with these Terms and Conditions without our prior written consent.  We may assign novate or otherwise deal with the Terms and Conditions as we deem appropriate

These Terms and Conditions supersede any earlier Terms and Conditions or other similar agreement or understanding in connection with the Portal.

The law of New South Wales governs the these Terms and Conditions. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that place and courts of appeal from them.

 

Privacy

Your personal information is being collected by AMP Capital Investors Limited (ABN 59 001 777 591).

The main purpose in collecting personal information is so that we can set up and administer the AMP Capital Retail Portal  and to communicate with you regarding the Material uploaded via the Portal. If you do not provide the required information, we may not be able to facilitate your use and the uploading of Materials on the Portal.

The AMP Capital Privacy Policy, which can be obtained online at www.ampcapital.com.au or by contacting us, sets out the AMP Capital Group’s policies on management of personal information. This information may be disclosed to or used by other members of the AMP Group, to external service suppliers (including offshore suppliers) who supply administrative, financial or other services and to anyone you have authorised or if required by law. The AMP Capital Privacy Policy contains information about how you may complain about a breach of the Australian Privacy Principles and how we will deal with such a complaint.

Under AMP Capital Privacy Policy and the Privacy Act, you may access personal information held about you, although the Privacy Act does set out some exemptions to this. If you believe information held about you is inaccurate, incomplete or out of date, please contact us.

 

AMP Capital Privacy policy

Your privacy is important to AMP Capital

AMP Capital’s Privacy Policy is our commitment to protecting your personal information. We comply with the new Australian Privacy Principles so you can continue to feel confident and secure when you do business with us.

The updated policy covers:

  • Why AMP Capital needs personal information and what types we collect
  • How we protect your personal information
  • Who can access your personal information
  • How you can contact us to find out more about your personal information
  • What to do if you have concerns about your privacy
  • Find out more about how we safeguard your personal information.