Welcome, and thanks for visiting chapelstreet.com.au (the Website). The Website is operated by the Chapel Street Precinct Association (we, us, our), with our office located at 311 Glenferrie Road, Malvern, Victoria 3144, Australia.

These Terms and Conditions (Terms) govern your access to and use of the Website, including any content, functionality, business listings, event information, and services offered on or through it. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, please stop using the Website.

We recommend you read these Terms carefully and print or save a copy for your records.

1. Acceptance of Terms

1.1  By browsing, accessing, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated by reference.

1.2  If you are using the Website on behalf of a business, organisation, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

1.3  These Terms apply to all visitors, users, and others who access the Website.

2. About the Website

2.1  The Website is an online directory and information resource for the Chapel Street Precinct in Melbourne, Australia. It provides:

• Business listings and profiles for operators located within the precinct;
• Event information and promotional content;
• Editorial articles, guides, and precinct news;
• Contact forms, newsletter sign-up, and related communication tools; and
• Links to third-party websites, social media accounts, and booking platforms.

2.2  The Website is primarily informational. We do not sell goods or services directly through the Website unless expressly stated on a specific page, and any transactions you enter into with listed businesses are strictly between you and that business.

3. Eligibility

3.1  You must be at least 16 years of age to use the Website. If you are under 18, you should review these Terms with a parent or guardian.

3.2  You agree to provide accurate, current, and complete information when using any Website forms or features, and to keep that information updated where applicable.

4. Acceptable Use

4.1  You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of it.

4.2  You must not:

• Use the Website in any way that breaches any applicable local, state, federal, or international law or regulation;
• Transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material, or any other form of similar solicitation (spam);
• Knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code;
• Attempt to gain unauthorised access to the Website, the server on which it is stored, or any server, computer, or database connected to it;
• Reverse engineer, decompile, disassemble, scrape (except by properly identified search engine crawlers observing our robots.txt), data-mine, or otherwise attempt to extract the source code or underlying ideas of the Website;
• Use automated means, including bots, spiders, or scrapers, to access the Website for any purpose without our prior written consent;
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity; or
• Interfere with or disrupt the Website or the servers or networks connected to it.

4.3  We reserve the right to suspend, restrict, or terminate your access to the Website at our discretion and without notice if we reasonably believe you have breached these Terms.

5. Intellectual Property

5.1  All content on the Website, including text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layouts, underlying code, and software, is owned by us, our licensors, or listed businesses, and is protected by Australian and international copyright, trade mark, and other intellectual property laws.

5.2  You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your personal, non-commercial use. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to these restrictions:

• You must not republish material from the Website (including on another website) without our prior written consent;
• You must not sell, rent, sub-licence, or commercially exploit material from the Website;
• You must not reproduce, duplicate, copy, or otherwise exploit material on the Website for a commercial purpose; and
• You must not edit or otherwise modify any material on the Website.

5.3  The names, logos, and marks of Chapel Street Precinct are our trade marks (whether registered or unregistered). You must not use them without our prior written consent. Trade marks of listed businesses and third parties remain the property of their respective owners.

5.4  Nothing in these Terms grants you any right, title, or interest in or to any intellectual property rights, except as expressly set out in these Terms.

6. User Submitted Content

6.1  The Website may, from time to time, allow you to submit content, including enquiries, reviews, photographs, event submissions, business listing information, or comments (User Content).

6.2  You retain ownership of any intellectual property rights you hold in your User Content. However, by submitting User Content to the Website, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display the User Content in any media and in connection with the operation and promotion of the Website and the Chapel Street Precinct.

6.3  You warrant that:

• You own or have the necessary rights, licences, consents, and permissions to submit the User Content and to grant the licence above;
• The User Content is accurate, not misleading, and not defamatory;
• The User Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party; and
• The User Content complies with all applicable laws.

6.4  We reserve the right, but are under no obligation, to review, edit, refuse, or remove any User Content at our sole discretion.

7. Business Listings and Third-Party Content

7.1  The Website features listings, profiles, and content relating to independent businesses operating within the Chapel Street Precinct. Information about these businesses, including descriptions, trading hours, pricing, images, offers, and contact details, is generally provided by the businesses themselves or compiled from publicly available sources.

7.2  Whilst we take reasonable care to keep listings up to date, we do not warrant that any information about a listed business is accurate, current, or complete. Details can change without notice. You should confirm key information (such as trading hours, prices, bookings, and availability) directly with the relevant business before relying on it.

7.3  A listing on the Website does not constitute an endorsement, recommendation, or guarantee by us of the listed business, its goods, or its services. Any dealings you have with listed businesses, including payment, delivery, refunds, returns, warranties, and dispute resolution, are solely between you and the relevant business.

7.4  The Website may contain links to external websites, apps, and platforms operated by third parties (including booking systems, social media, payment providers, and mapping services). We provide these links for convenience only. We do not control, endorse, or accept responsibility for the content, privacy practices, or availability of any third-party site, and your use of any third-party site is at your own risk and subject to that site’s own terms.

8. Events, Offers, and Promotions

8.1  The Website may feature or promote events, offers, competitions, and promotions, which may be run by us, by listed businesses, or by third parties.

8.2  Each event or promotion may be subject to its own specific terms, which will prevail over these Terms to the extent of any inconsistency.

8.3  All prices and offers referenced on the Website are in Australian Dollars (AUD) unless otherwise stated, and may be subject to change without notice. We are not responsible for typographical errors, pricing errors, or out-of-date promotional information, though we will correct these as soon as practicable once we become aware of them.

9. Privacy

9.1  We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy (available on the Website) explains what information we collect, how we use it, and your rights in relation to it.

9.2  By using the Website, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

10. Cookies and Analytics

10.1  The Website uses cookies and similar tracking technologies to improve your experience, analyse traffic, and support marketing. By continuing to use the Website, you consent to our use of cookies as described in our Privacy Policy and any cookie notice displayed on the Website.

10.2  Most browsers allow you to refuse or delete cookies. Please note that disabling cookies may affect the functionality of the Website.

11. Website Availability and Changes

11.1  We strive to keep the Website available around the clock, but we do not guarantee uninterrupted or error-free access. The Website may be unavailable from time to time due to maintenance, technical issues, or factors outside our control.

11.2  We may, at any time and without notice:

• Modify, suspend, or discontinue any part of the Website;
• Add, remove, or change features and functionality;
• Remove, edit, or update any content, including business listings and events; and
• Restrict access to certain areas or the entire Website.

11.3  We will not be liable to you or any third party for any such modification, suspension, or discontinuance.

12. Disclaimers

12.1  To the maximum extent permitted by law, the Website and all content, information, and materials on it are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied.

12.2  We do not warrant that:

• The Website will meet your requirements;
• The Website will be uninterrupted, timely, secure, or free of errors, viruses, or other harmful components;
• Any information obtained through the Website will be accurate, current, or reliable; or
• Any defects will be corrected.

12.3  Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law), or any other applicable law that cannot be excluded, restricted, or modified by agreement. Where such rights or remedies apply and we are permitted to limit our liability for their breach, our liability is limited, at our option, to:

• Supplying the services again; or
• Paying the cost of having the services supplied again.

13. Limitation of Liability

13.1  Subject to clause 12.3, and to the maximum extent permitted by law, we (including our officers, directors, employees, contractors, agents, and affiliates) will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with your use of, or inability to use, the Website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of such damage.

13.2  To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with the Website or these Terms is limited to AUD $100.

13.3  You acknowledge that the allocation of risk in these Terms reflects the fact that the Website is provided free of charge to visitors.

14. Indemnity

14.1  You agree to indemnify, defend, and hold us (and our officers, directors, employees, contractors, agents, and affiliates) harmless from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of, or conduct on, the Website;
• Your User Content;
• Your breach of these Terms; or
• Your violation of any law or the rights of any third party.

15. Suspension and Termination

15.1  We may suspend or terminate your access to the Website at any time, for any reason, and without notice, including if we reasonably suspect you have breached these Terms.

15.2  Clauses that by their nature should survive termination (including clauses relating to intellectual property, disclaimers, limitation of liability, indemnity, and governing law) will continue to apply after termination.

16. Changes to These Terms

16.1  We may update these Terms from time to time. When we do, we will update the “Last updated” date at the top of this document and post the revised Terms on the Website.

16.2  Your continued use of the Website after any changes are posted constitutes your acceptance of the revised Terms. If you do not agree with any change, you should stop using the Website.

17. General

17.1  Governing law. These Terms are governed by the laws of the State of Victoria, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria and the courts of appeal from them in relation to any dispute arising out of or in connection with these Terms.

17.2  Entire agreement. These Terms, together with our Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and us regarding the Website.

17.3  Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.

17.4  Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

17.5  Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without notice.

17.6  No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.

17.7  Notices. Any notice under these Terms must be in writing and sent to us at the address or email address listed in the “Contact” section below.

18. Contact Us

If you have any questions about these Terms, please get in touch:

Chapel Street Precinct
311 Glenferrie Road
Malvern, Victoria 3144
Australia

Phone: (03) 9529 6331
Website: https://chapelstreet.com.au