Terms of Use and Important Notice

 
 

TERMS OF USE

These Terms and Conditions apply to your use of this website (the 'Website'). By accessing or using this Website you agree to accept these Terms and Condition. If you do not accept these Terms and Conditions you must not use this Website. We may revise these Terms and Condition from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms and Conditions, as amended. In the event of any inconsistency between the provisions of these Terms and Conditions and any other parts or provisions of this Website, these Terms and Conditions will prevail.

IMPORTANT NOTICE

The content of material and on this Website (‘Content’) is provided “as is” and “as available” and, to the fullest extent permitted by law, Dato Holdings Pty Ltd ('Kardinya Park'), its related bodies corporate, their directors, officers, employees, agents and contractors disclaims all warranties, express or implied, as to the accuracy, completeness, currency or reliability of any of the Content. Kardinya Park reserves the right to make any change to the Content without notice, including but not limited to all images, plans, maps, specifications, diagrams, materials, dimensions and information.

Images, plans, maps, diagrams and associated materials on this Website (the 'Images') are intended to be a visual aid only and do not necessarily accurately depict the object described. The information in the Images primarily relates to a proposed development of the Kardinya Park Shopping Centre ('Centre') that may or may not have been approved by a responsible planning authority, and further changes may be made during the course of planning, funding, leasing, construction and civil works or as a result of statutory or design requirements. These changes may include, but are not limited to changes to internal and external tenancy, tenancy mix, carparking numbers, land uses, amenities, road layouts, and placement of infrastructure and signage that may also impact on the layout of some other parts of the Centre. All Images are indicative and approximate only. No warranty or undertaken is given, either directly or implied, that the development depicted in the Images will be constructed, either in part or in whole, within any specified timeframe.

Kardinya Park accepts no liability for any changes in its proposed development or the type of improvements to be erected on any future stage of its development of the Centre and reserves the right to make changes to the proposed plans and development timeframes in its absolute discretion. Kardinya Park also gives no warranty in relation to the development of the Centre, the area around the Centre, future facilities or developments in or surrounding the Centre.

Your use of this Website including all Content is at your own risk. Anyone with potential interest in the Centre should satisfy themselves in relation to all aspects of all matters that a prudent person would consider relevant. The Content supplied or promoted on this Website is not intended to substitute for obtaining individual professional advice and Kardinya Park will not be liable in any way for any loss or damage you, or your system, may suffer from any cause (including negligence) as a result of you using this Website or accessing the Content.

This website may contain links to other third party websites. Those links are provided for convenience only and may not remain current or be maintained. Providing a link to a third party website does not constitute any endorsement or approval of the website, its owners or operators, or any information, products or services offered by them. Your use of any link to a third party website is entirely at your own risk and you must make your own assessment as to its relevance, accuracy and reliability. Kardinya Park recommends you read and consider any linked website's privacy, disclaimer and terms and conditions.

Unless otherwise expressly allowed in these Terms and Conditions, you must not copy, reproduce, modify, distribute, publish, display, transmit or create any derivative works from any part of this Website without the consent of Kardinya Park.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under any legislation which may not be excluded, restricted or modified by these Terms and Conditions. To the fullest extent permitted by law, Kardinya Park, its related bodies corporate, their directors, officers, employees, agents and contractors expressly exclude all liability to you or any other person for any losses, damages, liabilities, claims and expenses whatsoever, whether direct, indirect or consequential, arising out of or in connection with the Content or this Website (or information or material accessed via this Website), or to access of this Website by you, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.

You agree to indemnify and hold Kardinya Park (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or related to your conduct, your use of this Website or its Content, your breach of these Terms and Conditions, or your breach of any rights of third parties.

These Terms and Conditions are governed by and construed in accordance with the laws of Western Australia. By using this Website, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Western Australia.