Conditions of Entry

Centre Conditions of Entry

In order to provide an enjoyable and safe environment for all customers and visitors at Mambourin Marketplace Shopping Centre, 36 Delama Boulevard, Mambourin (VIC) (including associated grounds, car parks and access ways) (Centre), QERF Pty Ltd (ACN 654 864 829) atf QERF Property Trust (ABN 72 694 878 391) (Owner) has adopted the following Conditions of Entry:

1. Every person who enters the Centre agrees to be bound by these Conditions of Entry.
2. Should any person not agree with any of the Conditions of Entry, then that person must immediately leave the Centre by a designated exit.
3. Each person must comply with all rules and directions displayed within the Centre and any directions given to you by the Owner’s staff.
4. The Centre is private property and the Owner reserves the right to refuse the admission of any person to the Centre and may remove any person from the Centre at any time for any reason.
5. Persons must not access any service areas in the Centre.
6. Any person entering the Centre consents to being subject to filming or audio recording by closed circuit television, body-worn cameras or other surveillance equipment within and surrounding the Centre for operational (including Centre management), security and public risk reasons and the Owner reserves the right to use such evidence in any dispute. The movement of any persons throughout the Centre will be subject to monitoring by such equipment.
7. By entering the Centre, each person consents to their information (including images) being recorded by such surveillance equipment and to the Owner disclosing the information recorded to anyone (including law enforcement bodies and persons involved in relevant legal or disciplinary actions) to the extent that the Owner deems such disclosure to be necessary to protect its lawful interests, the public interest or the safety or persons or property at the Centre.
8. The Owner may collect personal information about any person entering the Centre in order to operate the Centre, to manage operations at the Centre, to provide people with services, features and functions related to their use of the Centre, and for purposes set out in the Owner’s Privacy Policy. By entering the Centre, each person agrees to the Owner’s Privacy Policy. Persons are encouraged to contact the information desk in the Centre for information on the Owner’s Privacy Policy or view it here (https://www.qicre.com/privacy-policy). The Privacy Policy contains information relating to access and correction of personal information, about how any persons may complain about a breach of the Australian Privacy Principles and how the Owner will deal with such a complaint. If any persons would like any further information about our privacy policies or practices, please contact the Owner’s Privacy Officer by emailing privacy@qic.com.
9. Certain information that is provided by any person will be collected by or on the Owner’s behalf and may be disclosed to third parties that help the Owner deliver its services (including information technology suppliers, communication suppliers and the Owner’s business partners) or as required by law. If any person does not provide this information, those persons may not be able to access the Centre.
10. The Owner may use and disclose any person’s personal information overseas, including to recipients located in countries where the Owner has an overseas office as listed in the Owner’s Privacy Policy which can be viewed here (https://www.qicre.com/privacy-policy), and to third party supplier and service provider recipients located overseas as described in the Owner’s Privacy Policy.
11. Hawkers are strictly prohibited in the Centre. Persons entering the Centre must not carry out research or spruik without the prior written approval of the Owner.
12. Any person found bringing weapons into the Centre, spitting, using bad language, loitering, sitting on the floor or causing disruption to other customers will be asked to leave the Centre.
13. Footwear and shirts or other appropriate attire must be worn at all times in or about the Centre. Clothing displaying offensive wording is prohibited.
14. Skateboards, scooters, rollerskates and rollerblades or the like must not be used or ridden in or about the Centre. Bicycles are not permitted within the Centre and must be parked in spaces designated by the Owner. Mobility scooters used to assist mobility impaired persons are allowed provided they are used at all times in a safe manner.
15. The consumption of alcohol (except in licensed premises in the Centre) and the use of illegal drugs in the Centre is strictly prohibited. Any person whom the Owner suspects to be affected by or under the influence of alcohol and drugs may, in the Owners sole discretion, be refused admission to or removed from the Centre.
16. Smoking in any part of the Centre (including but not limited to undercover car parks and within 5 meters of any door way into the Centre) is strictly prohibited.
17. Animals (other than Guide Dogs or Assistance Animals) must not be brought into the Centre unless the animal is only entering into a tenancy where it is specifically permitted as part of the lease terms (for example a puppy school) or the Landlord has first approved in writing.
18. If a person or persons persist in any anti-social behaviour (as determined by the Owner in its absolute discretion) or is in breach of any of these Conditions of Entry, they may be banned from the Centre for any period determined by the Owner in the Owner’s absolute discretion.
19. To the full extent permitted by law, the Owner is not liable for any loss, damage or injury to any property or person in the Centre and all persons agree to release the Owner from any and all claims in relation to such matters, other than to the extent such loss, damage or injury to any property or person in the Centre is caused by the negligent act or omission of the Owner, its managers, employees, servants and agents.
20. To the full extent permitted by law, each person releases the Owner from all actions and demands due to any loss, death, damage or injury occurring in the Centre other than to the extent such loss, death, damage or injury is caused by the negligent act or omission of the Owner, its managers, employees, servants and agents. The Owner is not liable for any loss or damage to, without limitation, any vehicle, accessories, contents or personal property left with the Owner or in the Centre other than to the extent such loss or damage is caused by the negligent act or omission of the Owner, its managers, employees, servants and agents.
21. To the full extent permitted by law, any person who damages or causes any damage or loss to any other person, property or goods at the Centre will be liable for all direct, consequential or special loss or damage or injury suffered, and indemnifies and shall keep indemnified the Owner against all claims, expenses and other liabilities which may be brought against or incurred by the Owner in relation to such loss and damage.
22. The use of any photographic, video or audio recording equipment by any person in or around the Centre, without prior written consent of the Owner is strictly prohibited and the Owner may remove any person from the Centre for contravening this condition or the condition of any consent of the Owner.
23. Persons parking vehicles in the Centre do so at their own risk. The Owner shall not be liable for any damage to vehicles, theft of any valuables from a vehicle or for any other loss or damage of whatever nature to any vehicle or to the contents of any vehicle parked or driven in the Centre other than to the extent such loss or damage is caused by the negligent act or omission of the Owner, its managers, employees, servants and agents.
24. Vehicles not parked in accordance with the Centre’s car parking conditions of entry may be entered and removed by the Owner or its employees at the sole risk and expense of the owner of the vehicle.
25. Leaflets or brochures must not be either affixed to vehicles or otherwise distributed at the Centre without the prior written approval of the Owner.

Car Park Conditions of Entry

THESE CONDITIONS OF ENTRY ARE IMPORTANT – PLEASE READ THEM

BY ENTERING THE CAR PARK YOU AND ALL THOSE CLAIMING THROUGH YOU ACCEPT THAT A CONTRACT IS FORMED BETWEEN YOU AND US ON THE TERMS SET OUT BELOW

ENTRY AND USE OF THIS CARPARK IS FOR CUSTOMERS OF MAMBOURIN MARKETPLACE RETAILERS WHILE THEY ARE OPEN AND TRADING. HOURS MAY DIFFER FOR EACH RETAILER. NO ENTRY TO CARPARKS WHILE THE CENTRE IS CLOSED.

1. By entering the Car Park you accept and agree to abide by these Conditions of Entry. If you do not accept and agree to abide by these Conditions of Entry, you and your Vehicle must immediately leave the Car Park by the nearest exit.
2. You enter and use the Car Park at your own risk. There are risks of death, injury, damage and theft in the Car Park. To the full extent permitted by law, we do not accept responsibility for and have no liability for any injury, death, theft, loss or damage whether to person or property (including to your Vehicle) and you agree to release us from any claims in relation to such matters except to the extent such loss or damage is caused by Our negligent act or omission.
3. Without limiting clause 2, we are not liable for the theft of any Vehicle, any loss or damage to any Vehicle, or any loss or damage caused by any Vehicle in the Car Park except to the extent such loss or damage is caused by Our negligent act or omission.
4. To the full extent permitted by law, you indemnify us and agree to keep us indemnified against all claims, expenses and other liabilities in respect of, arising from, or contributed to by your breach of these Conditions of Entry, your use of the Car Park or your Vehicle.
5. While you are in the Car Park, you must:
   1. comply with all signs and directions, instructions and requests made by us;
   2. not obstruct any roadways, access ways or other Vehicles;
   3. not park anywhere that is designated as a no parking or reserved area; and
   4. park wholly within the designated bays.
6. You may have access to or remove a Vehicle from the Car Park only during the permitted hours displayed in the Car Park from time to time.
7. We may unlock, enter, move, drive or have towed away at the owner’s expense any Vehicle in an emergency, if it is causing an obstruction, if it remains in the Car Park after the Car Park closes or if it is thought to be dangerous. We are not liable for any damage caused except to the extent such loss or damage is caused by Our negligent act or omission.
8. You are liable for any loss or damage caused by you or your Vehicle to the Car Park or any person or property in the Car Park or the Centre including, but not limited to, any damage caused by oil or other substances which leak from your Vehicle.
9. We may refuse any Vehicle or person entry to the Car Park at our reasonable discretion.
10. Any person or Vehicle entering the Car Park may be subject to filming or audio recording by closed circuit television, body-worn cameras or other surveillance equipment within and surrounding the Car Park for operational, security and public risk reasons and we reserve the right to use such evidence in any dispute. By entering the Car Park you consent to information about yourself (including images) being recorded by such surveillance equipment and to us disclosing the information recorded to anyone (including law enforcement bodies and persons involved in relevant legal or disciplinary actions) to the extent that we deem such disclosure to be necessary to protect our lawful interests, the public interest or the safety of persons or property at the Car Park.
11. We may collect personal information (including Vehicle number plates) about you in order to operate the Car Park, manage operations at the Centre, to provide you with services, features and functions related to your use of the Car Park, and for purposes otherwise set out in our Privacy Policy at https://www.qicre.com/privacy-policy.
12. The information you provide will be collected by or on our behalf and may be disclosed to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to grant you entry to the Car Park.
13. Please contact Centre Management for information on our Privacy Policy. The Privacy Policy contains information about how to access and correct your personal information, about how you may complain about a breach of the Australian Privacy Principles and how we will deal with any complaint. If you would like any further information about our privacy policies or practices, please contact our Privacy Compliance Officer by email at privacy@qic.com. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Conditions of Entry.

Definitions

In these Conditions of Entry:

• “Car Park” means all car parks associated with the Centre, including all entry and exit ramps, driveways and walkways together with any lifts, escalators or stairways servicing the car parks or connecting the car parks to any other part of the Centre.
• “Centre” means Mambourin Marketplace Shopping Centre, 36 Delama Boulevard, Mambourin, Victoria 3024.
• “Vehicle” includes any vehicle, its parts and accessories and any property (including valuables) left in or on it.
• “We”, “Us” or “Our” means QERF Pty Ltd (ACN 654 864 829) as trustee for QERF Property Trust (ABN 72 694 878 391) as owner of the Centre, and includes our respective agents, contractors and employees.
• “You” or “Your” means any person who enters the Car Park for any reason, including the driver or owner of a Vehicle and any passenger in a Vehicle.