Terms and Conditions

Vicinity Voice Terms and Conditions

Welcome to the Vicinity Voice website (“website”) which is operated by Evolved Insights Pty Ltd ACN 141 289 705 (“us”, “we”, “our”) for the purpose of gaining customer feedback on shopping centres managed by Vicinity Centres PM Pty Ltd ACN 101 504 045 (“Vicinity”). These terms and conditions govern your use of this website.

By accepting these terms and conditions, visitors to this website may become members of Vicinity Voice and agree to be bound by these terms and conditions and the Vicinity Voice Privacy Notice when using this website. If you do not agree to these terms and conditions, including the Vicinity Voice Privacy Notice, you must not access or use this website and will not be permitted to become a Vicinity Voice member.

Vicinity Voice Privacy Notice

Any personal information which you provide to us will be used by us in accordance with our privacy policy (https://www.theevolvedgroup.com/policy-information-handling-and-privacy/) and will be shared with Vicinity so that Vicinity can: (a) better understand your feedback, preferences and experience in relation to Vicinity-managed shopping centres and the digital channels through which Vicinity engages with you and other people; (b) better plan, operate and manage such centres and digital channels; and (c) allow you to participate in Vicinity-managed promotions. Vicinity may disclose your personal information to its related bodies corporate and service providers, including those located in the USA and Singapore. Vicinity may also de-identify and aggregate your data for the purposes of producing market research and data analytics. Vicinity’s Privacy Policy (http://vicinity.com.au/privacy-policy) further describes how Vicinity collects, uses and discloses personal information and how you can contact Vicinity to access, correct or complain about the handling of your personal information.

Members

If you become a member by registering and clicking “I agree to the terms and conditions” you acknowledge, warrant and represent that:

  • you are at least 18 years old;
  • you will provide us with accurate, complete and current information;
  • you will not create more than one member account that represents you;
  • you will comply with all laws in relation to your access to or use of this website;
  • the information provided by you on the website will not:
    • infringe the intellectual property of any third party;
    • be obscene, offensive, threatening or otherwise inappropriate;
    • promote any products or services; or
    • defame the reputation of any third party;

  • as an active member you will meet the Minimum Participation Level as may be outlined on the Vicinity Voice website from time to time;
  • you have accepted these terms and conditions on the understanding that we, in our sole discretion, will choose when you become an active member;
  • we will determine the numbers and types of members that are active at any given time including but not limited to when a member enters or exits Vicinity Voice; and
  • we may suspend or terminate your membership on any reasonable grounds.

Ownership of website content

You acknowledge that certain content published on the website resulting from your participation, including but not limited to written content, messages, symbols, graphics, images and logos, may be owned by Vicinity with whom we have contracted, and is protected by Australian and international copyright and other laws. By submitting any content or information for the purposes of the Vicinity Voice website you grant a perpetual, irrevocable, royalty-free licence to us and Vicinity to use (and permit others to use) that content for purposes relating to the Vicinity Voice program.

You acknowledge and agree that you are solely responsible for all materials contributed during the course of your membership, including but not limited to, written content, comments, opinions, compliments, messages, ratings, reviews, symbols, graphics, images or logos.

You acknowledge and agree that you must not post, upload nor transmit content that infringes or otherwise violates any copyright, trade mark, trade secret, privacy right or any other intellectual property (past, present and future) or proprietary or legal right of any other party.

You agree not to post or upload any content that:

  • transmits viruses or any other technologies that may harm us, Vicinity, a member or any user of the website;
  • compromises the security of the network or website;
  • interferes with the proper working of the website;
  • distributes spam or unsolicited electronic communications; or
  • in any manner transmits unlawful, threatening, harassing, abusive, false, inaccurate, misleading, defamatory, obscene, vulgar, profane, objectionable, indecent or offensive information.

You acknowledge and agree that we and Vicinity at our discretion may review, edit and delete any member content in whole or in part.

Intellectual Property

The website and its underlying content, including but not limited to its design, name, logos, interface and software technology is owned by us (other than to the extent that such brand names, logos or designs are Vicinity’s intellectual property). Data generated by the website as a result of your participation is owned by Vicinity with whom we have contracted, and is protected by Australian and international copyright and other laws.

All improvements to the website, and all intellectual property rights in the improvements, will be owned by us (or related third parties of us or approved by us) or Vicinity. We or Vicinity are entitled to all benefits associated with the improvements including benefits which arise from the commercialisation or exploitation of the website and the content and associated intellectual property rights and/or the improvements.

The website uses proprietary software owned or licensed by us, or a related third party. You are being granted an individual, limited, non-exclusive, non-transferable licence or right to use the software subject to these terms and conditions. You are expressly prohibited, directly or indirectly, from attempting to discover the source code or reverse engineer underlying algorithms, or technology of the software; renting, leasing, selling, assigning, or transferring rights to the software; modifying or making derivative works based on the software; or using the software in any service or sharing capacity.

Limitation of liability

Nothing in these terms and conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth) where to do so would breach that statute.

To the maximum extent permitted by law, we and Vicinity are not liable to you for the following in relation to the Vicinity Voice program or the website:

  • any claims, threats, actions, losses, consequential losses, liabilities, costs, expenses (including, without limitation, legal expenses, loss or inaccuracy of data, or loss of revenue or profits), damages and taxes that may be suffered or incurred by you, directly or indirectly, except to the extent that the loss is directly attributable to the negligence or wrongful act or omission of us or Vicinity;
  • loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the website;
  • lost data, overwritten data, or faults or omissions in data collected, collated, or otherwise dealt with in connection with the website;
  • misuse or misapplication of the website;
  • your failure to comply with any of your member obligations;
  • your failure to check that the website is working properly having regard to your particular use of the website;
  • your use of, reliance on or analysis of the content on website;
  • decisions you make using or based on the website

To the extent permitted by law, our and Vicinity's liability for breach of any condition, warranty or guarantee imposed by statute that cannot be excluded and your sole and exclusive remedy in relation to such breach will be limited to (at our or Vicinity's, as applicable, election):

  • in the case of goods:
    • replacement or repair of the goods or supplying the equivalent goods again; or
    • paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and

  • in the case of services:
    • supplying the services again; or
    • paying the cost of having the services supplied again.

Disclaimer of warranties

To the maximum extent permitted by law, we and Vicinity expressly disclaim all warranties, representations, endorsements or guarantees (express or implied) regarding the website and the content on the website including without limitation, any warranties with respect to any results that may be obtained from the use of the website.

We and Vicinity do not expressly or impliedly, warrant or guarantee or give any undertaking or representation as to the following:

  • that the website is free of infection by viruses or other contaminating or destructive characteristics;
  • that the website or features or functions of the website, methods of communication or transmission, or your access to the website will be uninterrupted, or error free, or virus free;
  • rectification of any defect;
  • continuous or secure access to the website.

We and Vicinity are not responsible for any content, postings, uploads, reviews or comments made by any member. We and Vicinity do not endorse any content, postings, uploads, reviews or comments made by any member.

Indemnity

To the maximum extent permitted by law, you release and indemnify us and Vicinity in respect of and against any claims, demands, threats, actions, losses, liabilities, costs, expenses (including, without limitation, legal expenses on a full indemnity basis), damages and taxes that may be suffered or incurred by us or Vicinity, directly or indirectly, in connection with:

  • infringement by you of any law or the rights (including intellectual property rights) of us, Vicinity or a third party;
  • actual or alleged breach of these terms and conditions by you;
  • disputes between you and a third party; or
  • third party charges payable by us as a result of your conduct

except to the extent that the loss is directly attributable to the negligence or wrongful act or omission of us or Vicinity.

Each indemnity and release in these terms and conditions is a continuing obligation and will survive termination of these terms and conditions.

Publicity and promotion

Except as required by law, you must not publish or make any public announcements regarding content, promotional offerings or services made available only to members on the Vicinity Voice website unless consented to in writing by an authorised representative of Vicinity in writing.

Rewards

You acknowledge that any benefit (including rewards) awarded to you is at our or Vicinity's discretion and may change from time to time.

General

These terms and conditions comprise the entire agreement and understanding between you and us as to the subject matter of these terms and conditions and supersedes any prior agreement or understanding.

The laws of Victoria, Australia, govern these terms and conditions and you and we submit to the non-exclusive jurisdiction of the Victorian courts.

We may amend these terms and conditions from time to time. Any amendments will be published on the website. Your continued access to and use of the website after any amendments take effect constitutes your acceptance of these terms and conditions as amended.

Terms and Conditions
'Vicinity Voice' Competition

How to Enter

1. To be eligible, you must be a participating member of the Vicinity Voice. You must also meet the minimum monthly point thresholds as outlined on the Vicinity Voice website. To participate in the Vicinity Voice, you must complete activities. Activities within Vicinity Voice have an associated points value depending on the type of activity. Each point you earn grants you an entry into the prize draw.

2. An unlimited number of entries are granted as long as you meet the minimum point threshold for each entry as outlined on the Vicinity Voice website.

Entries close 31/08/2024 at 11.59pm (AEDT)

For details concerning your personal information see condition 3.

CONDITIONS OF ENTRY

Information on how to enter and prizes forms part of these terms and conditions. Entry into this competition is deemed to be an acceptance of these terms and conditions.

  1. To enter, you must be a participating member of the Vicinity Voice for the duration of the promotional period. Employees of the Promoter and the agencies associated with this competition and their immediate families are not eligible to enter.
  2. Contestants must be over 18 to be eligible to enter this competition.
  3. All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with entrants and to State and Territory gaming authorities and winner’s name may be published as required under the relevant legislation. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants can request access to the personal information the Promoter holds about them by contacting The Evolved Group on 03 9670 1909. The Promoter’s privacy policy will be made available via an email link sent to all respondents for this research.
  4. Competition commences 9.00am AEDT 01/03/2024 and closes 31/08/2024 at 11.59pm AEDT (Promotional Period). Entries are deemed received at the time of receipt by the Promoter in its promotional database and not at the time of transmission by the entrant.
  5. The competition includes 6 separate prize draws to be conducted on the following dates: 12/04/2024, 10/05/2024, 14/06/2024, 12/07/2024, 09/08/2024, 13/09/2024. Only entries received in the preceding calendar month will be included in each draw. Each draw will take place at 2pm (Melbourne time) at The Evolved Group, 176 Wellington Parade, East Melbourne VIC 3002. In each of the 6 prize draws the first valid entry drawn will win a $100 GiftPay eGift Card, the next 4 valid entries will each receive a $50 eGift Card, the next 10 valid entries will each receive a $20 eGift Card. Total prize pool per month: $500 across 15 prizes. Please see www.giftpay.com for separate terms and conditions applicable to GiftPay eGift Cards.
    Monthly Draw No Date of Draw Prize
    112/04/20241 X $100, 4 X $50, 10 X $20 GiftPay eGift Cards
    210/05/20241 X $100, 4 X $50, 10 X $20 GiftPay eGift Cards
    314/06/20241 X $100, 4 X $50, 10 X $20 GiftPay eGift Cards
    412/07/20241 X $100, 4 X $50, 10 X $20 GiftPay eGift Cards
    509/08/20241 X $100, 4 X $50, 10 X $20 GiftPay eGift Cards
    613/09/20241 X $100, 4 X $50, 10 X $20 GiftPay eGift Cards
  6. Winners of each draw will be notified by telephone and/or email within two business days of the draw and will then have their Name and State of residence posted on the Vicinity Voice website [www.vicinityvoice.com.au]
    Monthly Draw No.Publish on Webpage
    115/04/2024
    213/05/2024
    317/06/2024
    415/07/2024
    512/08/2024
    616/09/2024
  7. Any costs associated with accessing the website is the entrant’s responsibility and is dependent on the Internet service provider used.
  8. Total prize pool: 90 prizes. Maximum total value of prize pool is AUD$3,000.
  9. Prizes are not transferable or exchangeable and cannot be taken as cash. The promoter’s decision is final and no correspondence will be entered into.
  10. If a winning entry is deemed not to comply with these conditions of entry, the entry will be discarded and a new winner of that prize will be determined by drawing a further valid entry. The judges' decision is final and no correspondence will be entered into.
  11. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  12. In the event of a prize not being accepted or claimed within 3 months of the monthly prize draw, the relevant prize winner's entry will be deemed invalid and the Promoter reserves the right to conduct such further draws 3 months after the close of the unclaimed monthly prize draw period at 2pm (Melbourne time) at same location as the original draws as are necessary to distribute the prize, subject to any written directions given by any relevant authority. Winners of unclaimed prizes will be notified via email and have their name and state/territory of residence only published on the Vicinity Voice website 3 months after the close of the unclaimed prize draw period. By entering this Promotion, each entrant requests that his or her phone number and email address details not be published.
  13. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office's stated view that where the parties are at arm's length, goods and services exchanged are of equal GST inclusive market values.
  14. The Promoter may require prize winners to provide proof of identity, proof of age and proof of residency at the nominated delivery address. Identification considered suitable for verification is at the Promoter's discretion.
  15. The Promoter accepts no responsibility for any incorrect, ineligible, invalid, late, lost or misdirected entries or for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestions on the Internet or at any website, or any combination thereof, including but not limited to, any injury or damage to participants or any other person’s computer related to or resulting from participation in or downloading any materials in this competition. The Promoter is not liable for any consequence of user error including (without limitation) any costs incurred.
  16. The Promoter, its associated agencies and companies and the agencies and companies associated with this promotion will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  17. The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this Promotion by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
  18. If for any reason any aspect of this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the gaming authorities in each state and territory, where required.
  19. To the extent permitted by law, the Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of taking a prize.
  20. The Promoter is Evolved Insights Pty Ltd ABN: 91 141 289 705 of 176 Wellington Parade, East Melbourne, VIC 3002