Last updated: 28 May 2020

These terms and conditions apply to the use of the website at 101collins.com.au, including its subdomains (such as the wellness portal operated at rise.101collins.com.au and the concierge service at concierge.101collins.com.au) and the use of the services offered on this website, unless otherwise specified. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

These terms and conditions may be amended from time to time. Amendments will be effective immediately on notification on this website. We recommend that you review any changes to these terms that are notified. In continuing to use this website after such notification, you agree to be bound by the amended terms and conditions.

Terminology

In these terms and conditions, the expressions we, us and our are a reference to 101 Collins Street Pty Ltd (ABN 98 008 636 404).

Information provided on this website

All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representation or warranty that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service. You agree to use this website for lawful purposes only.

Disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from your use of this website or any linked website or your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: 

(a) if the breach relates to goods, 

(i) the replacement of the goods or the supply of equivalent goods, 

(ii) the repair of such 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) if the breach relates to services, 

(i) the supplying of the services again, or 

(ii) the payment of the cost of having the services supplied again;

and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

Indemnity

You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these terms and conditions.

Specific warnings

You must ensure that your access to, or use of, this website is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

You acknowledge that we are a distributor, not a publisher, of content on this website. Our editorial control is limited to the selection of materials to make available. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.

Where the information made available over this service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Copyright

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website or from any information obtained from this website; or

(b) commercialise any information, products or services obtained from any part of this website;

without our written permission or, in the case of third party material, from the owner of the copyright in that material.

Trade marks

This website includes registered trade marks owned by us (or our licensors) and trade marks that are the subject of applications for registration by us (or our licensors) including, but not limited to the names '101', '101 Collins', 'ONE', 'RISE' or 'RISE by Studio PP'.

You must not use any of our trade marks:

(a) in or as the whole or part of your own trade marks or business name or company name;

(b) in connection with activities, products or services which are not ours;

(c) in a manner which may be confusing, misleading or deceptive;

(d) in a manner that disparages us or our information, products or services (including this website).

You must not authorise or assist any person to do any of the acts specified above.

Restricted use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission onsell information obtained from this website.

Linked websites

This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of access

Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing law

These terms and conditions and any dispute arising out of or in connection with them or the subject matter of them are governed by the laws in force in the State of Victoria. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.