Terms & Conditions

TERMS OF USE
www.wgarden.com.au

This page outlines the General Conditions of access to and use of the Site.

  • Acknowledgment and acceptance of General Conditions
    • Wintergarden (site) is owned and operated by ISPT Pty Ltd (ABN 28 064 041 283) in its capacity as Trustee of the Industry Superannuation Property Trust No. 2 ISPT (we, us).
    • Your access to and use of the Site (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (General Conditions). Your Access to the Site constitutes your agreement to be bound by the General Conditions. We reserves the right to revise, amend and update the General Conditions at any time effective on the date of posting to the Site of the new and amended provisions.
  • Ownership of content on the site
    • The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.
    • You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these General Conditions or with our express prior written consent.
  • Information provided
    • The Content on the Site provides general information only.
    • The information provided is not intended to replace or serve as a substitute for any legal, accounting, tax, real estate or other professional or expert advice, consultation or service and must not be relied upon as such. You should consult with a professional in the respective legal, accounting, tax, real estate or other professional area and obtain professional advice tailored to your specific circumstances before making any decisions.
  • Access to the Site
    • You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this Site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
    • You must not access or use the Site or the Content in any manner or for any purpose which:
      • is illegal or prohibited by any laws that apply to you;
      • violates our rights in any way; or
      • is prohibited by the General Conditions.
    • You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your Access.
    • You must not use the Content for commercial purposes without first obtaining our express written authority.
  • Disclaimer and limitation of liability
    • Although we have no reason to believe that any information contained in this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Site updated.
    • We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Site. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.
    • Neither we nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Content or any omissions from the Content, except where liability is made non-excludable by legislation.
  • Indemnity
    • You must indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
      • any breach by you of the General Conditions; or
      • reliance by you on any information obtained through the Site; or
      • your Access to the Site.
    • Copyright
      • Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these General Conditions, you may not in any form or by any means:
  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
  • commercialise any information, products or services obtained from any part of this Site.
  • Trade Marks
    • Except where otherwise specified, any word or device to which the TM or ™ symbol is attached, is a trade mark in which we claim proprietary rights.
    • If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
      • in or as the whole or part of your own trade marks;
      • in connection with activities, products or services which are not ours;
      • in a manner which may be confusing, misleading or deceptive;
      • in a manner that disparages us or our information, products or services (including this Site).
    • Termination
      • We may terminate access to this Site at any time without notice. The General Conditions will nevertheless survive any such termination.
  • Governing Law
    • These General Conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts in Victoria, Australia.
  • Linking to the Site
    No linking is permitted to the Site unless it is the subject of a separate specific written agreement between you and us.
  • Advertising and links to other web site
    • The Site may contain links to third party sites (Linked Sites). Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (Subsequent Site). We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. You link to any Linked Site or Subsequent Site entirely at your own risk.
    • Neither we nor our directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do we or they accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.
  • General
    • We do not accept any liability for any failure to comply with the General Conditions where the failure is due to circumstances beyond our reasonable control.
    • If we waive any rights available to us under these General Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
    • If any of the General Conditions are held to be invalid, unenforcable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
  • Privacy
    • For information about how we handle personal information, please refer to our Privacy Statement accessible from the Site.

WINTERGARDEN WEBSITE GIVEAWAY TERMS AND CONDITIONS

  1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed as acceptance of these Terms and Conditions.
  2. Entry into this competition is free and this is a game of chance.
  3. Entry to this competition is open to all Brisbane (QLD) residents, excluding employees, agents and contractors of the Promoter, employees of Wintergarden, ISPT and Jones Lang LaSalle, retailers and their staff at Wintergarden and the immediate family of the preceding people (parent, sibling, spouse or grandparent), who are not eligible to enter.
  4. Entry to this competition is restricted to persons over 18 years of age.
  5. The promotion commences at 8am (local time) on Friday 01 February 2019 and closes at Midnight (local time) on Sunday 31 March 2019 (“Promotional Period”).
  6. One winner will be drawn from entries received throughout the Promotional Period.
  7. The Winner of this promotion will be drawn at random on 01 April 2019 at the Wintergarden Centre Management office.
  8. To enter, an entrant must, during the promotion period:
    1. Complete the entry form at www.wgarden.com.au
  9. Participants may enter once per day.
  10. Entries are accumulative for the Promotional Period.
  11. The Winner will be contacted via email, with instructions on how to claim their prize.
  12. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  13. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with the Terms & Conditions of Entry or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter.  The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
  14. There will be One (1) prize winner only.
  15. Each prize includes;
    1. $200 Cue gift voucher
    2. $200 Sheike gift voucher
    3. $200 Veronika Maine gift voucher
    4. $200 Mecca Maxima gift voucher
    5. $200 Jurlique gift voucher
    6. Jurlique Classic Signature facial, valued at $110.00
    7. 75ml Balenciaga perfume, valued at $159.00
  16. The winner is responsible for collecting their prize from Wintergarden Centre Management.
  17. Any ancillary costs associated with redeeming any prize / gift card is not included. Any unused balance of any prize / gift card will not be awarded as cash.
  18. If for any reason any part of the prize is unable to be provided, Wintergarden reserve the right to substitute any item for one of a similar value.
  19. Redemption of any gift card/gift voucher is subject to any terms and conditions of the issuer including those specified by Wintergarden.
  20. Printing errors and other quality control matters will not be used as reasons for refusing redemption of prize.
  21. Any attempt to interfere in the fair running of this competition will result in immediate disqualification.
  22. Participation in this competition will be deemed as acceptance of these terms and conditions.
  23. Prize winners do not have to be present at the prize draw to claim their prize, they must however visit Wintergarden Centre Management to collect their prize.
  24. Wintergarden will not accept responsibility for any lost, late or misdirected entries or entries not properly completed.
  25. This promotion is offered in good faith and does not to give rise to any legal dispute and is binding in honour only.  In the case of a dispute or challenge, the decision of the Senior Marketing Manager of Wintergarden will be final.  The Promoter’s decision is final and no correspondence will be entered into.
  26. If for any reason a winner does not redeem the prize within the time stipulated by the Promoter, then the prize will be forfeited.
  27. Total prize is valued at $1,269 as at 01 February 2019.
  28. All prizes are offered by the Promoter in good faith and prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  29. Prize collection: The winner is responsible for liaising with Wintergarden Centre Management Office to arrange redemption of the prize.  Wintergarden Centre Management Office is located on level 2 of The Regent, 167 Queen Street Brisbane 4000 and the office is open during normal business hours (9.00am to 5.00pm Monday to Friday). Centre Management may be contacted on (07) 3229 9755. Entrants must present photo identification and email to claim their prize.
  30. All Prizes must be claimed by 30 April 2019. Unclaimed prizes will be forfeited.
  31. The promoter shall not be held liable for any loss or damage whatsoever, which is suffered or sustained by any person as a result of the use of, or in connection with the prize, including loss or damaged suffered as a result of negligence, but not including liability which cannot be excluded by law.
  32. By entering, each entrant agrees that the Promoter may use personal information disclosed, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages.  Entrants should direct any request to access, update or correct information to the Promoter.
  33. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law;
    1. to disqualify any entrant; or
    2. to modify, suspend, terminate or cancel the promotion, as appropriate.
  34. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  35. All entries become the property of the Promoter.
  1. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. By opting in, entrants agree to join the Wintergarden database and the Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter.
  2. All entries will also be provided to Alfa Romeo Brisbane, Alfa Romeo Brisbane will issue correspondence in line with their privacy policy to all entrants.
  1. At the end of the promotion, all existing claims to prizes and entitlements will be met notwithstanding the advertised prize pool has been extended.
  2. The Promoter ensures that all security systems will be put in place to ensure that the competition will not be tampered with in any way or form.
  3. The decision of Wintergarden’s Senior Marketing Manager is final and no correspondence will be entered into.
  1. The laws of the State of Queensland, Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Queensland, Australia.
  2. The Promoter is ISPT Pty Ltd in its capacity as the Trustee for Industry Superannuation Property Trust No. 1 (ABN 28 064 041 283), trading as Wintergarden (ABN 70 014 228 200).
  3. The Promoter reserves the right, at any time, to change the terms and conditions including the prize redeem dates.