WEBSITE TERMS

Website Terms of Use
LAST UPDATED: 20/01/2022

Introduction

Welcome to the Stockland Marketplace. The Stockland Marketplace at https://marketplace.stockland.com.au and any related Stockland Marketplace website or apps (together, the Sites) are operated by Stockland Corporation Limited, its related bodies corporate and trusts (together, Stockland) (also referred to as we, our, us). Stockland includes the operating entities listed at www.stockland.com.au.

The following Website Terms of Use (Website Terms), together with our Terms and Conditions of Sale, Privacy Policy, Refund and Returns Policy and any other policy or terms and conditions (together, the Stockland Marketplace Terms) that appear in, or are linked to, or from, the Sites, apply to, and govern, your access, use and interaction with the Sites.

These Website Terms apply to all users (including, but not limited to, any retailers or customers) of the Site, unless the Website Terms specify otherwise (referred to as User, you or your).

Please read these Website Terms carefully before using the Sites. By proceeding with your access, use or interaction with the Sites, you agree to accept the Stockland Marketplace Terms. If you do not agree with these Terms and Conditions, please do not use the Sites.

Definitions

Capitalised terms in these Terms and Conditions are defined as follows: Customer: means a User who may use or access the Sites and:
(a) is browsing the Site as a potential buyer of a Product on the Site; or
(b) is interested in purchasing a Product on the Site; or
(c) is purchasing or has already purchased a Product or Products from a Retailer via the Site.
Content: means any materials or information published or posted on the Sites, including (without limitation) any images, logos, designs, floorplans, texts, graphic, trade marks and their arrangements.
Feedback: has the meaning set out in clause 9.3.
Order: means a request order made by a Customer on the Stockland Marketplace to purchase a Product or Products.
Product: means a good or services as advertised or posted for sale, or sold, by a Retailer on the Stockland Marketplace.
Retailer: means a User who may use or access the Stockland Marketplace for the purposes of listing and selling a Product or Products.

Stockland Marketplace Account: has the meaning set out in clause 4.1.
Third Party Material: has the meaning set out in clause 5.2
Third Party Website: has the meaning set out in clause 5.1.
Users: means anyone who may access, use, or interact with the Stockland Marketplace for any purpose, and includes all Customers and Retailers.

1 Stockland as Agent for Retailers

1.1 The Stockland Marketplace provides a platform for the listing and sale of Products and facilitates the sale transactions of these Products between Retailers offering the Products for sale and Customers purchasing the Products.

1.2 All Users of the Sites and the Stockland Marketplace agree and acknowledge that in operating the Stockland Marketplace, Stockland is acting as an agent for Retailers. Stockland facilitates the sale of Products and receives payment for the sale on behalf of, and as agent for, the Retailers.
1.3 Stockland receives a fee and percentage commission on sales from the Retailers for facilitating the sale of Products and operating the Stockland Marketplace.
1.4 Stockland does not manufacture or supply any of the Products available for purchase on the Stockland Marketplace and the product listing of a Retailer on the Stockland Marketplace does not constitute an endorsement by Stockland of that Retailer or any Product(s) the Retailer may offer for sale on the Stockland Marketplace.

2 Changes to the Terms and Conditions

2.1 Stockland may revise or vary these Website Terms from time to time and will notify you of any major changes to the Website Terms. The new website terms will be effective from the date indicated at the top of this page as the “Last Updated” date. Stockland encourages you to visit the Sites regularly to keep up to date with any changes. By continuing to use, access or interact with the Sites after these changes have been posted, you agree to accept the Stockland Marketplace Terms, as amended.

3 Using the Sites – All Users

3.1 Your use and access of the Sites is governed by the Stockland Marketplace Terms and you are responsible for all of your activity in connection with accessing, using, and interacting with the Sites.
3.2 In accessing, using, or interacting with Sites, you agree that:
(a) you comply with all applicable local, state, national and international laws and regulations that relate to your use of, or your activities on, the Sites.
(b) Stockland reserves (at its absolute discretion) the right to report potentially criminal activity to appropriate law enforcement or regulatory bodies or agencies.
(c) any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Sites.
(d) you may not post or transmit, or cause to be posted or transmitted, any advertisement, communication or solicitation designed or intended to obtain personal data from any User;
(e) you have exercised your independent judgment and have not relied on any warranty or representation made by Stockland which has not been stated expressly in any terms, or upon any descriptions, illustrations or specifications contained in any document or publication to the Sites, including any catalogues or publicity material produced by Stockland (which may be out of date or superseded).
3.3 In accessing, using, or interacting with, the Sites you must not:
(a) take any steps to obtain unauthorised access to the Sites or any parts of the Sites that are not opened to public access or which you do not have a right to access;
(b) inhibit, disrupt, or interfere with or make attempts to inhibit, disrupt or interfere with:
(i) the Sites;
(ii) any other User's enjoyment of the Sites or third-party websites (including any activity which defames, harasses, threatens, bullies, or offends any persons); or
(iii) any services, system resources, accounts, servers, or network connected to or accessible through the Sites or third-party website;
(c) engage or make attempts to engage in any kind of illegal, criminal, or tortious activity whatsoever through the use (whether direct or indirect) of the Sites or third-party websites;
(d) misuse the Sites or use the Sites in any way which breaches any laws or regulations, or which is contrary to any applicable standards or codes or breaches the privacy of any third party;
(e) use, copy or translate for commercial use, reproduce, adapt, vary, or modify any material in any form on this Sites without the express consent of Stockland except as expressly authorised by these Website, or in the case of Retailers, where an agreement is in place between the Retailer and Stockland permitting the Retailer to use the Sites for commercial use in accordance with the terms of that agreement.
(f) use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on the Sites, without the prior written consent of Stockland;
(g) take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of the Sites;
(h) reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Sites;
(i) post or transmit to or via the Sites any material that may breach any laws or regulations, infringe the privacy or intellectual property rights of any third party, or which is defamatory, indecent, discriminatory, inflammatory, derogatory, or offensive material or publication or which could give rise to a civil or criminal proceedings; or
(j) use or attempt to use the Sites to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene or engage in any kind of illegal activity.

4 Registering for a Stockland Marketplace Account

4.1 Customers may choose to register for an account on the Stockland Marketplace to allow for easier and faster check out, tracking the status of their orders, see their order history and to customise their use of the Stockland Marketplace ("Stockland Marketplace Account"). Customers may still use the Sites and make purchases on the Stockland Marketplace without registering for a Stockland Marketplace Account by choosing to check out as a guest but be aware that this may limit the customisation and services available to you on the Stockland Marketplace.
4.2 When you register for a Stockland Marketplace Account, Stockland collects certain personal information from you in accordance with the privacy terms below and in our Privacy Policy
4.3 You acknowledge and agree that you are solely responsible for the security of your Stockland Marketplace Account login details and password, and for any use of the Sites and activity under your Stockland Marketplace Account using your login details, whether authorised or not. Stockland will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
4.4 You agree to immediately notify Stockland of any actual or suspected unauthorised use of your Stockland Marketplace Account, login details or password, or any other breach of security relating to the Stockland Marketplace that you become aware of.

5 Third-party links and links to other websites

5.1 The Sites may contain links to other websites operated by third parties, including websites operated by Retailers, or some information on the Sites may be uploaded by Retailers from external sources (“Third Party Websites”).
5.2 Stockland does not endorse, sponsor, or approve of the operators of Third-Party Websites or any of the content, information, graphics, and material on those Third-Party Websites (“Third Party Material”) and you acknowledge and agree that your use of these Third-Party Websites is at your own risk. Stockland does not accept any liability for any inaccuracies or omissions in this Third-Party Material.
5.3 Your access to the Third-Party Websites may be governed by the Third-Party Websites’ own terms of use. If you have any questions relating to those terms of use, you should contact the Third-Party Website operator directly. 5.4 Subject to any applicable laws which cannot be excluded, Stockland makes no warranties or representations:
(a) regarding the quality, accuracy, merchantability, or fitness for purpose of Third-Party Material or products or services available through the Third-Party Websites; or
(b) that the Third-Party Material does not infringe the intellectual property rights of any person. Stockland is not authorising the reproduction of Third-Party Material by linking material on the Sites to Third Party Material.
5.5 All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by, the Third-Party Website operator, even if first accessed on the Site.

6 Intellectual Property Rights and Site Content

6.1 The Sites are the property of Stockland and are protected by Australian and international intellectual property rights. Stockland is either the owner or licensed user of the copyright in the materials and information authored and published on the Sites by Stockland, including without limitation any logo, design, floorplans, text, graphic and their arrangement. The Stockland name and all of its associated trade marks and brand names are the trade marks and brand names of Stockland.

6.2 When using or interacting with the Sites you must not:
(a) use as a trade mark any brand name or trade marks that appear on the Sites without the written consent of Stockland or the relevant trade mark owner;
(b) copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical, or otherwise without the prior written consent or agreement of Stockland or the written consent of the copyright owner.
(c) reverse engineer, republish, reproduce, modify, adapt, alter, distribute, or attempt any of the aforementioned activities, in relation to any of the Sites or Content on the Sites in any way;
6.3 By submitting information or Content to Stockland or to any of the Sites, you agree and confirm that you have or own the rights to such information or Content, or otherwise have the appropriate licence rights to use such information or Content on the Sites and the rights to provide, disclose, sub-licence and/or assign that information or Content to Stockland.

6.4 If you submit any information to the Site in which you do not have any intellectual property rights, you acknowledge and agree that it is your responsibility to obtain the appropriate rights and permissions from any owners (including any third parties) of the rights in any information and Content.

6.5 Stockland reserves the right to remove any Content from this Site at any time, for any reason including, but not limited to, any breach of these Website Terms or upon receipt of claims or allegations from third parties or authorities relating to such Content.

7 Privacy

7.1 Stockland respects your privacy. If you provide information to us through using, accessing, or interacting with, the Sites, including but not limited to, when you register for a Stockland Marketplace Account or provide your personal information when purchasing Products on the Stockland Marketplace, you agree to provide accurate, current, and complete information and agree to maintain and update such information where appropriate.
7.2 The Privacy Policy applicable to the Stockland Marketplace and the Sites explains how personal information will be treated as you access, use and interact with the Sites, as well as how Stockland manages the collection, use, disclosure, storage of your personal information and can be accessed on the Privacy Policy page of this Site.
7.3 Stockland may disclose any information (including personal information) we may have about a User to the extent permitted by law, in relation to any investigation or allegation that your use of the Sites breaches these Website Terms or any applicable law.

7.4 No payment details are saved or stored in your Stockland Marketplace Account or by Stockland via the Stockland Marketplace when you register for a Stockland Marketplace Account or when you make a purchase. Stockland uses a secure third-party payment gateway that will collect payment details and information from you at the time of purchase of a Product, so your personal information, including payment details, will need to be provided to Stockland and the third-party to process your Order, but these payment details will not be stored by Stockland.

8 Marketing and Social Media

8.1 If you have opted in to receive marketing materials from Stockland or signed up to a newsletter or mailing list, Stockland may send you marketing materials (including by email) to promote and advertise the Stockland Marketplace, certain Products that may be available on the Stockland Marketplace or Retailers listed on the Stockland Marketplace or provide you with information about the Stockland Marketplace or our Sites. You may opt out of receiving this marketing material at any time by logging into your Stockland Marketplace Account, following the instructions at the bottom of any marketing email we may send you, or by following the process set out in our Privacy Policy.
8.2 Stockland may use social media or other digital platforms to promote and advertise the Stockland Marketplace, Products or Retailers or provide you with information and the Sites may provide links to various social media sites or digital platforms, for example Facebook, Twitter, LinkedIn, Instagram, and Viber. We reserve the right to change, vary, increase, decrease or cease our social media presence at any time at our sole discretion.

9 Feedback, Questions and Complaints

9.1 If you have any feedback, comments, questions, or complaints about your use of the Sites or your account (“Enquiry”), please contact Stockland by completing the Feedback and Complaints Form on the Site. This Feedback and Complaints Form should be used for Enquires about the Stockland Marketplace generally. If you have any specific complaints or questions about a particular product or for a specific Retailer, please contact that Retailer directly using the details made available on their Retailer page.
9.2 Once Stockland receives your Enquiry, you will receive an acknowledgement of receipt within 1 business day and Stockland will review the Enquiry and use best endeavours to help you resolve the Enquiry within 5 business days.
9.3 Subject to the terms of our Privacy Policy and any legal or regulatory obligations, any feedback data, questions, comments, and suggestions ("Feedback") sent to us through the Sites, will be deemed to be non-confidential and may be used by Stockland to improve the Sites, the Stockland Marketplace, and our services.
9.4 Stockland has no obligation of any kind with respect to Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation for the purposes of operating, managing, and improving the Sites. In addition, Stockland will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services incorporating such Feedback.

10 Risk and Liability

10.1 While Stockland has endeavoured to ensure that all information on this Site is complete, accurate and up to date, the Content and the Sites are provided “as is” and “as available” and Stockland takes no responsibility for any errors or omissions relating to this information.
10.2 To the furthest extent permitted by law, Stockland does not warrant or make any representations:
(a) that the Sites or the server that operates it are free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing the Sites; or
(b) in relation to the use or the results of the use of the Content or the Sites, as to their correctness, accuracy, reliability, or otherwise; or
(c) in relation to the authenticity of any advertisers or Users of the Site;
(d) in relation to information uploaded by Retailers from external sources;
(e) that use of the Sites will be compatible with the hardware and software you are using to access it; or
(f) that the functions contained in the Sites or Third-Party Websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the Sites and other Third-Party Websites are free of harmful components.
10.3 Subject to any responsibilities implied by law and which cannot be excluded, neither Stockland nor its officers, third party Retailers on the Stockland Marketplace, nor any of their directors, officers, employees, agents, contractors, successors, or assign will be liable for any damages arising out of, or in relation, the use of the Sites or sites linked to our Sites. This limitation applies to any direct, indirect, or consequential losses arising out of, or in connection with, the Stockland Marketplace Terms, including without limitation, any loss of profits, loss of business, loss of data, loss of opportunity, loss of goodwill, loss of contract or any special or punitive damages.
10.4 Subject to any responsibilities implied by law and which cannot be excluded, Stockland and its associates, directors, officers, employees, agents and contractors expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or in connection with the Content or the Sites (or material accessed via the Sites), or to access of the Sites by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on Stockland, or implied into these Website Terms, under any law are hereby excluded.
10.5 To the maximum extent permitted by law, Stockland:
(a) disclaims all warranties or representations, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement; and
(b) will not be liable for any cost, loss or damage suffered by you through your use of the Site or Stockland’s failure to provide access to the Site or any Third-Party Websites or any information updates or suffered by a Customer or Retailer in respect of the Products advertised on the Site.

11 Termination and suspension

11.1 Stockland reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate the Sites, the Stockland Marketplace or any service offered by or through the Sites, at any time including suspending or terminating access to the Sites for any User for any reason, including but not limited to a breach of these Website Terms.
11.2 All provisions of these Website Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and indemnities and any suspension or termination shall not affect either party’s rights or liabilities.
11.3 Without limiting any other right in these Website Terms, Stockland reserves the right to identify or bring legal action against any person or User who is or may be in breach of these Website Terms, including by obtaining injunctive relief.

12 General

12.1 A reference to "$" or "dollars" throughout this Site is a reference to Australian currency, unless stated otherwise.
12.2 If any parts of these Website Terms are deemed to be unlawful, void or for any reason, unenforceable then that provision may be severed from these Website Terms, and it will not affect the validity and enforceability of the remaining provisions.
12.3 Failure, delay, or neglect by Stockland to enforce these Website Terms or act in relation to any breach of these Website Terms at any time shall not be construed or deemed to be a waiver of the rights of Stockland under these Terms and Conditions, nor any current or future liability.
12.4 These Website Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
12.5 By using this Site, you agree that there is no agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship intended or created by these Website Terms and you shall not take any action or make any representation that you have any agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship with Stockland.