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Visiting & Using this website

  1. You should assume that all contents of the website are copyrighted unless otherwise noted and may not be used as except as provided herein. You may freely browse the website and download material there from. You may use downloaded materials for personal, non-commercial use. You may not, however, distribute, modify, transmit, reuse, re-post or use any of such materials for public or commercial purposes, without the express written permission of WHM.
  2. Images of people or places displayed on the website are either the property of, or used with permission by, WHM. The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission provided elsewhere on the website. Unauthorised use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.
  3. Your use of the website is at your own risk. WHM is not liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, the website. This includes damages to, or for viruses that may infect, your computer equipment. Without limiting the foregoing, everything on the website is provided to you "AS IS" and without any warranties whatsoever of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
  4. Any communication or material that you transmit to, or post on, the website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and non proprietary information. WHM may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, WHM and its associated companies, are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the website for any purpose whatsoever, including, but not limited to, developing and marketing products. Further, if you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.
  5. Nothing contained in this website should be construed as granting, by implication, estoppels or otherwise, any license or right in and to the Trade Marks without the express written permission of WHM. Your misuse of the Trade Marks on the website and in its contents, except as provided in these Terms and Conditions, is strictly prohibited. You are advised that WHM will aggressively enforce its intellectual property rights in the website and its contents to the fullest extent of the law, including by seeking criminal sanctions.
  6. WHM has not reviewed all of the sites that may be linked to the website and is not responsible for the content of any other sites linked either to or from this website. Your utilisation of such links is at your own risk.
  7. Although WHM may, from time to time, monitor or review the transmissions on the website, WHM is under no obligation to do so. WHM assumes no responsibility or liability arising from the content of the website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the website.
  8. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law. WHM will fully cooperate with any law enforcement authorities or court order requesting or directing to disclose the identity of anyone posting any such information or materials.
  9. WHM reserves the right to alter or delete material from the website at any time and will not be liable in any way for possible consequences of such changes.

10. WHM may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the then current Terms and Conditions.

Membership to the Customer Club & Rewards Club

  1. Entry to the Customer Club or Rewards Club (CC& RC) is allowed only by the agreement to these Terms and Conditions.
  2. The Club Member agrees to receive promotional and marketing material that WHM may forward via electronic or other means.
  3. WHM collects personal information on members of the CC & RC. All information provided by the member is managed under the WHM Privacy Policy described in full in the Privacy Policy section of this website.
  4. All promotional offers to members will only be offered in accordance with the terms and conditions for those promotional offers.
  5. Promotional offers may change and it is the member’s responsibility to check whether a promotional offer is available on a participating product. WHM makes no guarantee as to the availability of any promotional offers.
  6. The member hereby irrevocably holds harmless WHM it’s related bodies employees directories, suppliers and agencies from all claims, suits, demands, actions, proceedings which the member has or in the future may have against WHM.
  7. To the extent permitted by law, WHM will not be liable for any delays, disruptions, omissions or errors in the membership including technical or mechanical malfunctions, and will not be liable for any loss caused by any such delays, disruptions, omissions or errors.
  8. The member acknowledges and agrees that all decisions pertaining to the membership rest solely with WHM and its decision is final.
  9. Without in any way limiting the operation of, and in accordance with Clause 7, WHM in its sole discretion can at all times change or amend these Terms and Conditions, change or amend, withdraw or cancel any promotional offer to members, exclude a member from or cancel a membership without prior notice.

10. WHM gives no warranty as to the continuing availability of the CC & RC and may in its absolute discretion, at any time cancel the programs in whole or in part upon reasonable notice.

11. Without limiting Clauses 8 and 9 in any way, Members will be taken to have received notice of any changes to these Terms and Conditions if WHM notifies the Member of the changes by any method including but not limited to the use of email and or posting details of the changes on the WHM website.

12. To the extent permitted by law, WHM is not liable for any loss or damage suffered by Members resulting from such withdrawals, cancellations variations or changes arising from the Programs.

Leasing Disclaimer

Starby Pty Ltd and its related entities responsible for maintaining the mall leasing fact sheet and its directors, officers and agents believe that all information contained within them is correct. However, no warranty is made as to the accuracy or reliability of the information contained therein and Starby and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from this website. The material on the Mall Leasing page is made available for the purpose of providing access to Starby information and not as professional or specific advice. Before relying on material found on or accessed via this page, users should obtain appropriate and specific professional advice relevant to their particular circumstances to evaluate its accuracy, currency, completeness and relevance for their purposes. Some material on website sheet may include or summarise views, standards or recommendations of third parties. The inclusion of such material is not an endorsement by the Starby of that material.  Starby does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, nor does Starby accept any responsibility for any such loss arising out of your use of or reliance on information contained in or accessed through this website – August 2011.

 FREE Wi-Fi Disclaimer

This is a legal agreement (“Agreement”) between you and Winston Hills Mall (WHM) governing your access to and use of this WI-FI Service (the “Service”).

By clicking your acceptance or by accessing or using this service, you acknowledge that you have read all the terms and conditions of this agreement, understand them, and agree to be legally bound by them.

Winston Hills Mall reserves the right to monitor your communications and activities via this service (including our content) during transmission and in connection with use of this Service, and may disclose any such information for purposes of ensuring your compliance with this agreement, applicable law, cooperating with legal authorities, and otherwise protecting the rights, property and interests of WHM.

You agree that your use of this service is a privilege and not a right.

You agree that you are fully responsible for your activities while using this Service (including for any content, information and other materials you access or transmit via this Service), and that you shall bear all risks regarding use of this Service. You agree not to use this Service to engage in any prohibited, unlawful, infringing, tortious or harmful conduct; violate another party’s intellectual property, privacy or other rights; or otherwise interfere with the operation, use or enjoyment of any service, system or other property.

You are responsible for your security and privacy. There are privacy and security risks associated with wireless communications and the Internet generally. You acknowledge that WHM makes no assurance that your communications or activities will be or will remain private or secure, and agree that WHM assumes no responsibility in that regard. You agree that you, and not WHM, are solely responsible for your own privacy and security in using this Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems.

Disclaimer of warranty. You acknowledge and agree that this service is provided “as is”, “with all faults”, and “as available”. your further acknowledge and agree that WHM disclaims all warranties and representations of any kind, whether express, implied or statutory.

Termination of service. You agree that WHM may, at any time and for any reason, change, terminate, limit or suspend this Service (in whole or in part) or your access to this Service. Upon any termination, your rights to use this Service will immediately cease.