Conditions of Entry

Chadstone Airways January 2022 School Holidays Activity

Activity

The Chadstone Airways January 2022 School Holidays Activity (Activity) is provided by Vicinity Centres PM Pty Ltd (ABN 96 101 504 045) (Vicinity, we, us or our) as agent for the Property Owners of the Centre.

The Activity is proudly presented by Tori Allen Events Pty Ltd (TAE) on behalf of Chadstone – The Fashion Capital.

Bookings for individuals or groups of up to 4 may be made via the SocialQ web platform on the Centre's website, located at https://www.chadstone.com.au (the Centre's Website). Booking requests will not be accepted at the Centre.

The Activity is for children under 18. Adults unaccompanied by a child cannot attend.  Children must be aged 3+ to attend the Activity. All participants under the age of 16 must be accompanied by a parent or guardian. Participants who are 16 or 17 must have prior consent from their parent or guardian to attend the Activity and must be able to provide evidence of such consent on request. All individuals intending to attend the Activity (including supervising parents and guardians) must make a booking or be covered by a booking made by someone else.

If you are 16 years or over you must be fully vaccinated against COVID-19 or have a valid vaccination exemption to attend the Activity. You will be required to provide evidence of your vaccination/exemption status upon arrival at the Activity Area.

Each ticket to the Activity entitles an individual or group entry to the Activity Area for a 25 minute session of pre-planned craft and activities. Each child (between the ages of 3-17) will be provided with a Chadstone Airways Passport to be used during the Activity and to take home after their session. Each session will be managed by 4 Activity personnel, all of whom have a valid Working with Children Check.

As part of the Activity, with the approval and prior consent of an adult representative, each Chadstone Airways Passport holder will be eligible to enter the Chadstone Family Entertainment Pack Competition and be in the running to win 1 of 5 Chadstone Family Entertainment Packs. To be eligible to enter the Chadstone Family Entertainment Pack Competition, an adult representative of each Chadstone Airways Passport holder must be, or become a Chadstone First member. Chadstone Family Entertainment Pack Competition terms and conditions apply and can be accessed here, https://www.chadstone.com.au/events-services-terms-conditions.

There will be a maximum of 25 places available (including supervising parents/guardians and subject to applicable COVID-19 restrictions at the time) per session.

Activity Area

Lower Ground Level, outside Target

Centre

Chadstone Shopping Centre, 1341 Dandenong Road Chadstone Victoria 3148

Property Owners

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.

Ticket Prices

There are no costs associated with participating in this Activity, but bookings are essential.

Contact

For any queries in relation to the Activity please contact us by using the online form available at https://www.chadstone.com.au/about/contact-us or call us on 03 9563 3355.

Cancellation and Refund Policy

If you can no longer attend please update your booking using the unique link in the text message you received confirming your booking. Alternatively, you can notify us by using the contact details above. We can assist you with cancelling your booking so that your allocated session can be made available to another individual/group.

Subject to availability, it is possible to reschedule if you can no longer attend your original session time. You can do this by following the unique link in the text message you received confirming your booking.

We reserve the right to reschedule session times if necessary due to circumstances beyond our reasonable control. If we need to reschedule a session time, we will if practical notify you of the new session time 48 hours or more before your original session time. We are not responsible for any costs you might incur relating to the rescheduling of session times.

The Activity will not proceed if Vicinity decides in its absolute discretion, whether for health, safety, security, occupancy or operational reasons or other reasonable reasons, including but not limited to restrictions on occupancy and/or movement imposed by a government authority, to cancel the Activity.

Activity Rules

You must arrive at the Activity Area at least ten minutes prior to your allocated session time.

Upon arrival at the Activity Area, tap the unique link in the text message you received confirming your booking. Tap the ‘confirm arrival’ button when you are outside the Activity Area so we can put you at the front of the queue. Then show the code above the button on the screen to Activity personnel and/or scan the QR code to record your attendance.

You must (and you must ensure that any minors who accompany you) comply with all reasonable directions of Activity personnel, including Vicinity's employees, contractors, authorised agents and security personnel. Health and safety is a priority for this Activity, so in particular:

-       all participants under the age of 16 must be accompanied by a parent or guardian;

-       accompanying parents or guardians must:

  • ensure that children remain under their control and supervision at all times; and
  • assist children to use the craft supplies provided for use during the Activity;

-       no food or drink (other than drink bottles for adults or children) will be permitted in the Activity Area;

-       all participants (including adults and children) must wear closed-toe shoes for the duration of the Activity;

-       you must adhere to social distancing guidelines including by maintaining a 1.5 metre distance from Activity personnel and other attendees at all times;

-       the use of hand sanitiser is mandatory upon arrival at the Activity Area;

-       if mandated by government authorities those over the age of 8 must wear a mask for the duration of their attendance at the Activity excluding people who cannot wear a mask for a lawful excuse or exception;

-       you must not attend the Activity if you (or allow any minor to accompany you if they) feel unwell or have any reason to believe that you (or they) are or may be infected with COVID-19 or are otherwise prohibited by government restrictions from attending; and

-       upon arrival at the Activity Area:

  • if mandated by government authorities, all attendees aged 18 and over must check in via the Government QR Check-In point;
  • you must confirm that neither you nor anyone in your household has been confirmed as having COVID-19 within 14 days leading up to your attendance at the Activity, or are currently awaiting COVID-19 test results or are a close contact with a case of COVID-19 that was confirmed within 14 days leading up to your attendance at the Activity;
  • you must confirm that you (and any minors in your care) are well and that you have not had any cold, fever or flu-like symptoms or respiratory problems within 14 days leading up to your attendance at the Activity;
  • all attendees aged 16 and over must provide evidence that they are fully vaccinated against COVID-19 or have a valid exemption from vaccination against COVID-19;
  • you must comply with any other requirements reasonably imposed by Vicinity and consistent with government mandate or law (and provide evidence of compliance (or exemption if applicable) if requested), to protect the health and safety of people at the Centre and the Event;
  • parents/caregivers must ensure that children are supervised, remain under their control at all times and are compliant with all COVID-Safe practices (e.g. parents/caregivers must hold children's hands to ensure compliance with social distancing requirements).

You may be asked to leave the Activity Area or the Centre (and you must comply with such a request) if you or any children in your care:

-       engage in conduct that may jeopardise the proper conduct of the Activity; or

-       act in a disruptive, annoying, threatening, abusive, unlawful, harassing or otherwise inappropriate manner including doing anything that may diminish the good name or reputation of the Centre; or

-       breach these Activity Conditions.

Photography

By attending the Activity, you consent to you (and any minors in your care) being photographed and/or filmed by us, TAE, and Romano Beck.

The images and/or film may be used for promotional, marketing, and advertising purposes, including on social media channels by the Centre and Vicinity.

If you do not consent to you (or any minors in your care) being photographed or filmed, please do not make a booking for this Activity.

Activity supplies and features

Craft

Subject to availability, each child (between the ages of 3 and 17) will be provided with a Chadstone Airways Passport to be used during the Activity and to take home after their session.

Each child will also have their ‘passport’ photo taken with a polaroid camera, which they can affix to their Chadstone Airways Passport.

Additional implements available for communal use during the course of the Activity are pencils, textas, tape, and crayons which will be cleaned and sanitised after each session.

As per the Activity Rules, accompanying parents or guardians must assist children to use the craft supplies provided for use during the Activity.

Parents and guardians accept full responsibility for all use of craft supplies during the Activity.

4 x Satellite Pop Ups

After customising their passport, each child visitor and their group will be presented with a Centre map, and instructed to exit the Activity Area and locate the 4 x satellite pop ups featured on the map. These satellites are stationed throughout the Centre and are themed as 4 cities from different countries from across the world, offering a journey of education around the Centre.

At each satellite pop up, a child will receive a stamp on their Chadstone Airways Passport, to mark off their visit to the satellite.

Chadstone Family Entertainment Pack Competition

Once the Chadstone Airways Passport holders have completed a journey around the Centre, and have visited each of the 4 pop up satellites and the concierge desk (indicated by the placement of a stamp, on each of the respective pages of their Chadstone Airways Passport), with the approval and prior consent of an adult  representative, each Chadstone Airways Passport holder will be eligible to enter the Chadstone Family Entertainment Pack Competition and be in the running to win 1 of 5 Chadstone Family Entertainment Packs.

·         To be eligible to enter the Chadstone Family Entertainment Pack Competition, the representative of the Chadstone Airways Passport holder must be a Chadstone First member, or must become a Chadstone First member by signing up at the concierge desk as indicated on the map. Chadstone First members receive email updates about the latest offers, event details and news of what is happening in the Centre.

·         See https://www.chadstone.com.au/events-services-terms-conditions for the Chadstone Family Entertainment Pack Competition terms and conditions.

Agreement to these Activity Conditions

1.     By making a booking for the Activity or by attending the Activity you agree to these Activity Conditions, which form an agreement between you and Vicinity as agent for the Property Owners (Agreement). The Agreement extends to you in your personal capacity and to any minors (being anyone under the age of 18 years) for whom you make a booking, in which case you agree on their behalf.

2.     This Agreement begins when you:

a.     complete the online booking process via SocialQ on the Centre's Website;

b.     otherwise book for the Activity (e.g. by contacting us to assist you to make an online booking on SocialQ via the Centre's Website); or

c.     attend the Activity,

whichever comes first.

3.     All bookings are subject to SocialQ's Customer Terms of Use which are located at https://socialq.net/terms-conditions and SocialQ's Privacy Policy which is located at https://socialq.net/privacy-policy To the extent that there is any inconsistency between SocialQ's Customer Terms of Use and these Activity Conditions, these Activity Conditions will prevail.

Liability

1.     Consumer guarantees may be applicable to the supply of goods or services by us under the Competition and Consumer Act 2010 (Cth). Nothing in these Activity Conditions limits your rights under any statutory consumer guarantee to the extent that it cannot be excluded or limited.

2.     To the extent permitted by statute the liability, if any, of Vicinity arising from any failure to comply with a statutory guarantee under the Australian Consumer Law, in relation to the supply of goods or services other than goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, is at our option limited to:

a.     in the case of goods:

                                  i.    the replacement of the goods or the supply of equivalent goods;

                                 ii.    the repair of the goods;

                                 iii.    the payment of the cost of replacing the goods or of acquiring equivalent goods; or

                                iv.    the payment of the cost of having the goods repaired; and

b.     in the case of services:

                                  i.    the supplying of the services again; or

                                 ii.    the payment of the cost of having the services supplied again.

3.     Vicinity excludes from our relationship with you, so far as it is legally permissible:

a.     all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

b.     any liability for indirect, special or consequential loss, liability or damages arising from or in relation to the Activity or these Activity Conditions, including without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of 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.

4.     Vicinity's liability to you for loss, liability or damages of any kind (including, without limitation, in negligence) arising from or in relation to the Activity or these Activity Conditions is capped at $1,000.00, and will be reduced to the extent (if any) that you cause or contribute to the loss, liability or damage.

5.     All references to Vicinity in clauses 5 to 7 inclusive are references to Vicinity and all of the Vicinity Centres Group.  Vicinity Centres Group means the stapled entity known as Vicinity Centres which is comprised of Vicinity Limited ACN 114 757 783 and Vicinity Centres RE Ltd ACN 149 781 322 as responsible entity for Vicinity Centres Trust ARSN 104 931 928, and its Related Entities.  Related Entities, in relation to an entity, means: (i) its Related Bodies Corporate within the meaning of the Corporations Act 2001 (Cth) and (ii) any related entity (which includes a fund, managed investment scheme or a trust) that is directly or indirectly managed, owned or controlled by, or controls or is under common control with, that entity or a fund or trust of which such an entity or Related Body Corporate is the trustee, manager or responsible entity.

Specific limitation of liability

6.     The Property Owners specifically limit their liability under the following provisions (Specific Limitation of Liability Provisions), which are incorporated in and form part of these Activity Conditions.

7.     Definitions:

In these Specific Limitation of Liability Provisions:

a.     unless the context states otherwise, a reference to a clause is a reference to a clause in these Specific Limitation of Liability Provisions; and

b.     the following words have the meanings allocated to them:

                              i.        Assets include all assets, property and rights real and personal of any nature and any value whatsoever of the Trust.

                             ii.        Document means the document of which these Specific Limitation of Liability Provisions are a part.

                             iii.        Land means the land on which the Centre is constructed and any additional land that the registered proprietor (Registered Proprietor) designates from time to time to form part of the Centre.

                            iv.        Loss means all loss, cost, damage, liability, death, injury or other detriment, including legal costs, consequential loss, special loss and economic loss.

                             v.        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 Registered Proprietor (as the case may be) under or in respect of this Document or other instrument collateral with this Document or given or entered into under this Document.

                            vi.        The Trust means the trust referred to below.

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

Limitation of liability – Custodian and Responsible Entity/Trustee

8.     In these clauses, the Contracting Parties are:

a.     Perpetual Limited ACN 000 431 827 (Custodian) in its capacity as custodian of the Vicinity NVN Trust ABN 43 813 342 348 (Trust); and

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

9.     Limitation of liability of Custodian

a.     The Custodian enters into this Document 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 this Document or attending the Activity. The limitation of the Custodian's liability applies despite any other provision of this Document 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 this Document.

b.     The Custodian is not obliged to do or refrain from doing anything under this Document (including, without limitation incur any liability) unless the Custodian's liability is limited in the same manner as set out in this clause 12.

c.     No attorney, agent, receiver or receiver and manager appointed in accordance with this Document has authority to act on behalf of the Custodian in a way which exposes the Custodian to any liability.

d.     If, whether by the express provisions of this Document 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.

10.   Limitation of liability of Responsible Entity/Trustee

a.     Unless otherwise specifically contemplated in this Document, and subject to clause 13(c), the Responsible Entity/Trustee enters into this Document only in its capacity as responsible entity/trustee of the Trust and in no other capacity. A liability arising under or in connection with this Document 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 this Document.

b.     Unless otherwise specifically contemplated in this Document, and subject to clause 13(c), a party to this Document or attending the Activity 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).

c.     The provisions of this clause 13 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:

                              i.        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;

                             ii.        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

                             iii.        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.

Intellectual property rights

11.   Vicinity is the copyright owner of the material on the Centre's Website or is licensed by the copyright owner to use the material on the Centre's Website. All trade marks, brands and names appearing on the Centre's Website are the property of Vicinity or Vicinity is licensed by the relevant owners to use such trade marks, brands or names.

12.   Your use of the Centre's Website does not grant or transfer any right (including without limitation intellectual property rights), title or interest to you in relation to the Centre's Website or the material published on it. No part of any material on the Centre's Website may be linked to, reproduced, adapted, published, distributed or transmitted without the specific written consent of Vicinity.

Changes to these Activity Conditions

13.   We may change or update these Activity Conditions (including any amount or cost) from time to time.  The current version will be available on the Centre's Website.  You will be required to accept the then-current version when you make a booking for the Activity. The version that you accept will be the version that applies to that booking, even if we change or update these Activity Conditions before your booked activity occurs.

General

14.   We may assign, novate or otherwise deal with any of our rights or obligations under these Activity Conditions without obtaining your consent, if to do so will be unlikely to cause any material detriment to you.

15.   The laws of Victoria, Australia govern these Activity Conditions and you and we irrevocably agree to submit to the non-exclusive jurisdiction of the courts having jurisdiction in Victoria.

16.   These Activity Conditions form the entire agreement between Vicinity and you specifically regarding the Activity.  That agreement can only be amended by written agreement between us.  When you make a booking for the Activity, SocialQ's Customer Terms of Use and Privacy Policy will also apply.

17.   If any provision of these Activity Conditions is held to be unlawful, invalid or unenforceable, that provision will be deemed severed and where capable the validity and enforceability of the remaining provisions of these Activity Conditions will not be affected.

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