Chadstone App Terms and Conditions

Effective as at 30 December 2022

1 Agreement to Ts and Cs

1.1 The Chadstone App (the App) is an app which allows you to access information on Chadstone Shopping Centre (the Centre) and the Centre promotions, products and/or services made available via the App.

1.2 These Terms and Conditions (Ts and Cs) available at https://www.chadstone.com.au/app/terms-conditions are entered into as an agreement between you and Vicinity Centres PM Pty Ltd ACN 101 504 045 (Vicinity, We, Our or Us) as agent for the Centre Owners described in clause 6.1 and as the operator of the Centre and the App.

1.3 By accessing the App, including any products, services, data and content made available to you via the App (App Content), you agree to these Ts and Cs which govern your use of the App.

1.4 We reserve the right to update these Ts and Cs at any time and any changes can be viewed at the website link above. You should check this page each time you use the App to make sure that you are aware of any updates to these Ts and Cs. By continuing to access and use the App after these Ts and Cs have been updated, you agree to these Ts and Cs as updated from time to time. If you do not agree to these Ts and Cs as updated from time to time, you must stop using the App and remove the App from your device.

1.5 It is your responsibility to ensure that your device complies with the following system requirements as updated from time to time. Use of the App requires:

(i) an Apple mobile phone device operating on iOS 14.0, 15 or 16; or

(ii) an Android phone device operating on Android 11 or 12,

and may require obtaining updates or upgrades for your device, its operating system and the App from time to time.

1.6 Some App Content, such as paid products and Centre promotions, events and services contain their own additional terms. These Ts and Cs are not intended to override such additional terms, including the notices, policies and disclaimers which specifically apply to such products, events and services.

1.7 App Content changes from time to time, including content about the retailers, products, services, prices, sales and promotions available at the Centre. While we endeavour to regularly update App Content, we do not represent or warrant that such App Content will be accurate or up-to-date and you should check with the relevant retailer or at the Centre for the most accurate and up-to-date version of such information.

1.8 The App also features content, promotions and links supplied by third parties (Third Party Content). Third Party Content is provided for your convenience only, does not form part of the App and is not under Vicinity's control. We are not responsible or liable for Third Party Content and do not warrant its accuracy, completeness or suitability for any purpose.

1.9 You acknowledge and agree that:

(i) an internet connection is required to access and use the App;

(ii) the App may become unavailable from time to time for updates, maintenance or due to events beyond our reasonable control like loss of internet connectivity; and

(iii) App payments may not be successfully processed at times or may not be accepted due to technical problems or reasons beyond our control. If you are unable to access products and/or services which you have paid for due to technical problems which prevent or unreasonably delay their delivery, your sole remedy is either replacement of the product and/or service or refund of your payment, as determined by us in our sole and absolute discretion (to the extent permitted by law).

1.10 If you need help with an App issue or have a complaint in connection with your access to or use of the App or App Content, please contact Our Guest Experience Team by emailing: [email protected] or by calling 03 9563 3355 (during Centre opening hours).

2 Access to and use of the App, App Content and IP

2.1 You can access general services within the App such as store directories and directions within the Centre without registering your details to become a Chadstone Premium app user.

2.2 In order to use the App to book, enter or register for Chadstone Premium guest services, promotions or events, you will need to register for a Chadstone Premium App user account.

2.3 You must be at least 16 years of age to register your details as a Chadstone Premium App user and obtain access to Chadstone premium guest services, promotions and events. If you are under the age of 18, you may only register as a Chadstone Premium App user with the involvement and consent of a parent or legal guardian.

2.4 If you register for a Chadstone Premium app user account:

(i) you must keep your Chadstone Premium app user account login details and password secure and you must not share these login credentials with any third party;

(ii) you remain responsible for all App use and activity, including payments, using your login credentials (except where such use or activity occurs dues to Vicinity's negligence or Vicinity's breach of any law); and

(iii) you must notify us as soon as possible if you become aware of any unauthorised access to or use of your login credentials.

2.5 We reserve the right to:

(i) disable or terminate your Chadstone Premium App user account and restrict, suspend or cancel your access to the App at any time on reasonable grounds, including where we form the view that there has been actual or suspected compromise of the security of the App, unauthorised access to or use of the App or breach by you of these Ts and Cs;

(ii) change the App and App Content at any time (including by adding or removing products and/or services or changing App Content availability); and

(iii) cease providing the App, App Content and associated products and/or services at any time and for any reason. In doing so Vicinity will take reasonable steps to ensure you do not suffer material detriment in relation to products and services you have acquired through the App, for example if you have booked a service at the Centre, Vicinity will ensure other means are provided for you to use it.

2.6 You may cancel your Chadstone Premium App user account at any time by sending Us a request for deletion of your Chadstone Premium App user account to [email protected]. If you request cancellation of your Chadstone Premium App user account:

(i) we will delete your Chadstone Premium App user account details (other than information which we are required to maintain to comply with our legal, financial reporting, audit and regulatory compliance obligations);

(ii) you will no longer be able to access or receive Chadstone Premium App user services or benefits; and

(iii) any Chadstone First subscription which you have remains separate to your Chadstone Premium App user account and you will continue to receive any Chadstone First subscriber membership benefits, including Chadstone First emails (which you can unsubscribe from at any time by clicking the “Unsubscribe” link at the bottom of these emails).

2.7 All restrictions, disclaimers and limitations of liability in these Ts and Cs will continue to apply after such restriction, suspension or cancellation.

2.8 Your access to, and use of, the App and App Content must comply with:

(i) these Ts and Cs and any additional Vicinity terms that may be notified to you through the App, App Content or otherwise from time to time (however Vicinity will not seek to change terms to your material detriment for services, promotions or events you have already booked);

(ii) applicable laws; and

(iii) Apple App Store Terms and Conditions provided at https://www.apple.com/legal/internet-services/itunes/au/terms.html (if you access or use the App on an Apple phone device) or Google Play Store Terms of Service provided at https://play.google.com/intl/en_au/about/play-terms/index.html (if you access or use the App on an Android phone device).

2.9 You must not (nor permit any person to) use the App or App Content:

(i) in an unlawful, fraudulent or inappropriate manner or for any purpose that would breach these Ts and Cs;

(ii) to infringe upon the privacy, safety or legal rights of third parties;

(iii) to cause reputational damage to Vicinity, our products, services, centres or centre co-owners;

(iv) to copy, adapt, reproduce, distribute, publish, broadcast or create derivative works from the App or any App Content; or

(v) to alter, interfere with, reverse engineer, decompile or disassemble the App or any App Content.

2.10 Intellectual property in the App and App Content is owned or licensed by Vicinity, or otherwise used with the permission of the content owner. Your use of the App and App Content does not grant, or transfer any right, title or interest, to you in relation to the App or the App Content. You must not remove any copyright, confidentiality or other notices from the App or App Content.

2.11 Subject to your compliance with the Ts and Cs, we grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the App and App content on a device in Australia solely for personal use to access Centre information, promotions, products and/or services available via the App.

3 Privacy, Security and Device Permissions

3.1 The Vicinity Privacy Policy provides information about how we handle personal information which you provide to us via the App and how you can contact us to access, correct, or complain about the handling of, your personal information and how we will deal with such a complaint. Some services accessible from the App may also include their own privacy notices describing how we handle personal information collected for that service.

3.2 We will also ask your permission to:

(i) enable location tracking on your mobile device if you wish to be provided with location-based services in the Centre, such as centre directions. You can opt out of location-tracking at any time by updating your device settings; and

(ii) send push notifications to your mobile device based upon the communication preferences which you have selected in the App. You can update these communication preferences and opt out of push notifications at any time by updating your App account settings.

3.3 By accessing or using the App, you:

(i) consent to us using your personal information collected via the App (User Data) to provide you with tailored App services and (where consented to) push notifications;

(ii) acknowledge that we de-identify and aggregate User Data (Anonymised Data) to analyse and optimise App usage, App Content and user experience; and

(iii) grant us a perpetual, irrevocable and royalty-free licence to use and exploit Anonymised Data as well as your feedback, suggestions or comments regarding the App for any purpose.

3.4 Vicinity reserves the right to monitor and log your use of the App for security, compliance and operational purposes as well as to access, monitor, audit, intercept and disclose details of your use of the App for such purposes (to the extent permitted by law).

3.5 You should only access the App and App Content from devices and systems which can be locked and secured at all times with the latest system updates and encryption technology recommended by your device and system providers. It is your responsibility to ensure that you have followed all security recommendations issued by your device and system providers when accessing the App and App Content.

3.6 You acknowledge that you control what information you choose to share via the App, including credit card details, and that while we take reasonable technical and organisational measures to safeguard information which you share via the App, we do not warrant and cannot ensure the security of information transmitted via the App and the internet to Us, our third party providers or third party payment gateway providers.

4 Payments, Paid Products and Centre Events/Services Bookings

4.1 Certain products and services may be available to purchase for a fee via the App (Paid Products), such as premium paid guest events/services and centre digital gift cards. We note that not all centre events/services will require you to make a payment in order to access the relevant event/service.

4.2 Premium guest events/services which can be booked via the App will be subject to the Vicinity Centres Booking Terms [hyperlink] displayed to you at the time of booking and applicable Event/Service terms and conditions.

4.3 Digital centre gift cards available for purchase via the App are subject to:

(i) the Chadstone Digital Gift Card Terms and Conditions; and

(ii) the terms and conditions of Apple Pay or Google Pay (as applicable) which provide the mobile digital wallets used to store and make payments from the Chadstone Digital Gift Cards to participating retailers in the Centre.

4.4 For the purposes of clause 4.3:

(i) Apple Pay means the mobile payment and digital wallet service provided by Apple, Inc. which facilitates payments through an eligible Apple mobile phone device; and

(ii) Google Pay means the mobile payment and digital wallet service provided by Google LLC which facilitates payments through an eligible Android mobile phone device.

4.5 Please refer to the terms for the relevant Paid Products within the App for applicable payment terms and available payment methods. All payments must be paid in Australian dollars.

4.6 You are responsible for the payment of all applicable fees (including transaction fees and applicable taxes) payable for your access to, and use of, the Paid Products.

4.7 Payments via the App are made through a payment gateway which is operated by a third party. Payments are subject to third party payment terms. Your order of a Paid Product will not be accepted or fulfilled where your payment is declined or unable to be processed.

4.8 If your selected payment method cannot be charged for any reason (such as credit card expiration or insufficient funds), the payment gateway provider may attempt to charge you again or request that you provide another payment method in order to finalise your purchase of the relevant Paid Products.

4.9 To the extent permitted by law, we may suspend or cancel payment or refuse a refund request if we find evidence of fraud, abuse, unlawful acts or other misconduct. Where practical, we will provide you with an opportunity to explain why we should not take any action under this clause 4.9 and consider your explanation before determining whether to take any action.

5 Liability

5.1 To the maximum extent permitted by law:

(i) You are solely responsible and liable for all App use and activity, including payments, using your login credentials as a Chadstone Premium app user (except where such use or activity occurs dues to Vicinity's negligence or Vicinity's breach of any law);

(ii) the App and App Content is made available to you “as is” and Vicinity excludes all warranties, representations, implied terms and guarantees about the currency, accuracy, suitability, functionality, availability, security or reliability of the App and App Content;

(iii) Vicinity does not represent or warrant that the App and App Content will be operational on your device for you to access and use at any time nor that the App will be fit for any particular purpose (other than the purpose set out in clause 1.1); and

(iv) Vicinity does not represent or warrant that your access to and use of the App and App Content will be uninterrupted, error-free, accurate, reliable, complete, secure or free from defects.

5.2 The Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations may imply certain rights, consumer guarantees, warranties or remedies relating to the App which cannot be excluded, restricted, qualified or modified by Vicinity (Non-Excludable Rights). Nothing in these Ts and Cs excludes or attempts to exclude the User's Non-Excludable Rights as a consumer under the ACL. Vicinity otherwise excludes to the maximum extent permitted by law all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity under or in connection with the App or App Content.

5.3 If a supply of the App or via the App under these Ts and Cs is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (ACL), to the extent that the ACL permits Vicinity to limit its liability for a guarantee under the ACL, then Vicinity's liability is limited to (at Vicinity's election):

(i) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

(ii) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

5.4 To the maximum extent permitted by law, neither party (Vicinity or you) will be liable to the other party for any indirect, special or consequential loss incurred in connection with the App, the App Content or these Ts and Cs, including without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss or anticipated savings, loss of data, loss of goodwill or wasted time, however arising and whether caused by tort (including negligence), breach of contract or otherwise.

5.5 To the maximum extent permitted by law, the aggregate and cumulative liability of each party (Vicinity and you) to the other party (whether under statute, in contract or in tort, including negligence, or otherwise) for any loss, liability or damages of any kind arising under or in connection with these Ts and Cs or your access to and use of the App or the App Content is limited to $100.

5.6 Neither party (Vicinity or you) will be liable for any failure to perform obligations under the Ts and Cs where that failure is caused by any event which is beyond their reasonable control, including any form of technological failure caused by the actions of third parties. The App may include functionality provided by third party providers and, while Vicinity takes reasonable care in appointing such third party providers, Vicinity does not guarantee that the functionality provided by these third parties will always be available or will operate correctly or that the third party will not cause loss or damage to you. To the extent that any act or omission of such a third party is beyond our reasonable control, Vicinity will not be liable (including in negligence) in relation to it.

5.7 All references to Vicinity in this clause 5 are references to: (i) the Vicinity Centres Group made up of Vicinity Limited ABN 90 114 757 783, Vicinity Centres Trust ARSN 104 931 928 and their respective controlled entities (including Vicinity Centres PM Pty Ltd ABN); (ii) the Centre Owners described in clause 6.1; and (iii) the directors, officers, employees and agents of the above entities.

6 Specific limitation of liability – Centre owners

6.1 The Centre is owned by Perpetual Limited ACN 000 431 827 in its capacity as custodian and Vicinity Funds RE Ltd ACN 084 098 180 in its capacity as trustee, of the Vicinity NVN Trust ABN 43 813 342 348 and Bridgehead Pty Ltd ACN 006 082 515 (collectively, the Centre Owners).

6.2 The Centre Owners further limit their liability under or in connection with the App as set out in this clause 6. In this clause 6, unless the context states otherwise, a reference to a clause is a reference to a sub-clause in this clause 6 and the following words have these meanings allocated to them:

(i) Custodian means Perpetual Limited ACN 000 431 827 in its capacity as custodian of the Trust;

(ii) Obligation means any obligation, liability, covenant, agreement, undertaking, representation, acknowledgment, warranty, indemnity, guarantee, stipulation, proviso or condition of whatever kind to be observed, performed, met, undertaken or incurred by the Custodian, Responsible Entity, Trustee or Centre owners (as the case may be) under or in respect of these Ts and Cs or other instrument collateral with these Ts and Cs or given or entered into under these Ts and Cs;

(iii) Responsible Entity/Trustee means Vicinity Funds RE Ltd ACN 084 098 180 in its capacity as trustee of the Trust;

(iv) the Trust means the Vicinity NVN Trust ABN 43 813 342 348; and

(v) Trust Deed means the trust deed and any related documentation by which the Trust is constituted from time to time.

6.3 The following limitation of liability provisions apply in relation to the Custodian:

(i) The Custodian enters into these Ts and Cs only as agent of the Responsible Entity/Trustee. The Custodian can only act in accordance with the terms of the agreement under which it is appointed as the Responsible Entity's/Trustee's agent and is not liable under any circumstances to any party under these Ts and Cs. This limitation of the Custodian's liability applies despite any other provision of these Ts and Cs and extends to all liabilities and Obligations of the Custodian in any way connected with any representation, warranty, conduct, omission, agreement or transaction related to these Ts and Cs.

(ii) The Custodian is not obliged to do or refrain from doing anything under these Ts and Cs (including, without limitation incur any liability) unless the Custodian's liability is limited in the same manner as set out in this clause 6.3.

(iii) No attorney, agent, receiver or receiver and manager appointed in accordance with these Ts and Cs has authority to act on behalf of the Custodian in a way which exposes the Custodian to any liability.

(iv) If, whether by the express provisions of these Ts and Cs or by implication of law, the Custodian makes or is taken to have made any representation or warranty then, except for the representations and warranties that can only be within the Custodian's actual corporate knowledge, those representations and warranties are taken to have been made by the Responsible Entity/Trustee.

6.4 The following limitation of liability provisions apply in relation to the Responsible Entity/Trustee:

(i) Unless otherwise specifically contemplated in these Ts and Cs, and subject to clause 6.4 (iii), the Responsible Entity/Trustee enters into these Ts and Cs only in its capacity as responsible entity/trustee of the Trust and in no other capacity. A liability arising under or in connection with these Ts and Cs can be enforced against the Responsible Entity/Trustee only to the extent to which the Responsible Entity/Trustee is actually indemnified for the liability out of the property of the Trust. The limitation of the Responsible Entity's/Trustee's liability applies and extends to all liabilities and Obligations of the Responsible Entity/Trustee in any way connected with any representations, warranties, conduct, omission, agreement or transaction related to these Ts and Cs.

(ii) Unless otherwise specifically contemplated in these Ts and Cs, and subject to 6.4 (iii), a party to these Ts and Cs may not sue the Responsible Entity/Trustee in any capacity other than as responsible entity/trustee in respect of the Trust, including seeking the appointment to the Responsible Entity/Trustee of a receiver (except in relation to property of the Trust), a liquidator, administrator or any similar person or proving in any liquidation, administration or arrangement of or affecting the Responsible Entity/Trustee (except in relation to the Trust).

(iii) The provisions of this clause 6.4 do not apply to any Obligation or liability of the Responsible Entity/Trustee to the extent that it is not satisfied because under the trust deed establishing the Trust, or by operation of law, there is a reduction in the extent, or elimination of, the Responsible Entity's/Trustee's right of indemnification out of the Assets of the Trust, or such right does not exist at all, as a result of:

• in the case of the Responsible Entity, having incurred the Obligation or liability other than in the proper performance of its duties as responsible entity;

• in the case of the Trustee, having incurred the Obligation or liability as a result of fraud, gross negligence, wilful default or breach of trust by the Trustee; or

• the failure of the Responsible Entity/Trustee to exercise any right of indemnity it has under the trust deed establishing the Trust in respect of that Obligation or liability.

7 Additional Terms – Apple Inc. and Google Inc.

7.1 The following additional terms apply if you access or use the App on an Apple Inc. iOS-compatible device:

(i) These terms and conditions are between Vicinity and you and not with Apple. Vicinity, not Apple, is responsible for the App.

(ii) You may only access and use the App on an Apple-branded device owned or controlled by you and in accordance with Apple's usage rules as set out in the Apple Media Services Terms and Conditions effective on the date the user downloads the App.

(iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

(iv) Vicinity is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liability, damages, costs or expenses attributable to any failure to conform to any warranty is Vicinity's (not Apple's) responsibility.

(v) Vicinity, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

(vi) In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Vicinity, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

(vii) You warrant and represent that you are not: (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.

(viii) You must comply with applicable third party terms of agreement when using the App, for example your agreement with your internet service provider.

(ix) Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms and conditions and Apple may enforce these terms and conditions against you as a third party beneficiary thereof.

7.2 The following additional terms apply if you access or use the App on a Google Inc. Android-compatible device:

(i) Google Inc. is not responsible for, and will not have any liability whatsoever under, these Ts and Cs.

8 General

8.1 These Ts and Cs will be governed by and construed in accordance with the law in force in Victoria, Australia and you unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

8.2 Neither party may assign, novate or subcontract any of their rights or obligations under these Ts and Cs without the other party’s prior written consent. We may, however, assign, transfer or novate our rights or obligations under these Ts and Cs without your consent where such assignment, transfer or novation occurs following a good faith corporate restructure or upon a transfer of our business (or any element of it) to a third party, provided We reasonably expect the new entity to be able to fulfill these Ts and Cs.

8.3 These Ts and Cs constitute the entire agreement between us and you with respect to the App (including the App Content and any Third Party Content).

8.4 A party may only waive their rights under these Ts and Cs where such rights are waived in writing signed by that party. If We do not take action in relation to a breach of these Ts and Cs, this will not be treated as a waiver by Uof any right or remedy in respect of any existing or future breach of these Ts and Cs.

8.5 If any of these Ts and Cs are determined to be invalid, unlawful or unenforceable, such terms must be read down to the extent necessary to prevent that part of these Ts and Cs being invalid, voidable or unenforceable, and if a term would not be invalid, unlawful or unenforceable if a word or words were removed, then those words will be deleted.

8.6 Every exemption, limitation, defence, indemnity or other benefit contained in these Ts and Cs to which Vicinity is entitled will also be held by Vicinity for the benefit of, and will extend to protect, all persons and entities listed in clause 5.7. Each such person or entity will have the right to assert or enforce any provision of these Ts and Cs directly or on its own behalf.

8.7 Clauses that are either expressed to survive expiration or termination of these Ts and Cs or from their nature or context it is contemplated that they are to survive, will survive expiration or termination of these Ts and Cs, including clauses 2.7, 2.10, 5, 6, 7 and this clause 8.

8.8 If you have any questions, complaints or claims related to the App, please contact Vicinity using the following details:

Email: [email protected]

Phone: 03 9563 3355 (during Centre opening hours).