Website Terms of Use

1. Introduction

1.1 Welcome to the Stockland Cooee website. Cooee and our ancillary websites, Habitat Explorer and EcoSavvy (together, the Website/s) are operated by Stockland, it’s related bodies corporate and trusts (Stockland, we our, us).

1.2 These Terms of Use (“Terms”) together with our standard Terms of Use (https://www.stockland.com.au/terms-of-use), Privacy Policy and any other policy terms and conditions govern your access to and use of our Website, including any content, functionality, and services offered on or through the site. These Website Terms apply to all users of the Website. Please read these Website Terms carefully before using the Website. By proceeding with access, use or interaction with the Website, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.

2. Changes to Terms

2.1 We reserve the right to revise and update these Terms at any time at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. We recommend that you review this page periodically for any updates.

3. Accessing the Website and Account Security

3.1 We reserve the right to withdraw, amend, or discontinue the Website, and any service or material we provide on the Website, at our sole discretion without notice.

3.2 We are not liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

3.3 You may be asked to provide certain registration details or other information as a condition to using some parts of the Website. All information you provide must be correct, current, and complete.

3.4 You are responsible for maintaining the confidentiality of your account and password (as applicable), and for restricting access to your computer or device.

3.5 You agree to notify us immediately of any unauthorised access to or use of your account or password or any other breach of security.
3.5 In accessing, using or interacting with, the Website, you must not:

a. take any steps to obtain unauthorised access to the Websites or any parts of the Websites 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 Websites;
ii. any other User’s enjoyment of the Websites 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 Websites or third-party website;

3.6 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 Websites or third-party websites;

3.7 misuse the Websites or use the Websites 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;

3.8 use, copy or translate for commercial use, reproduce, adapt, vary, or modify any material in any form on this Websites without the express consent of Stockland except as expressly authorised by these Website.

3.9 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 Websites, without the prior written consent of Stockland;

3.10 take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of the Websites;

3.11 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 Websites;

3.12 post or transmit to or via the Websites 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

3.13 use or attempt to use the Websites 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. Operation of Website on Third Party Platforms

4.1 You acknowledge and agree that the Website may, at our discretion, be operated or hosted on third party platforms or services outside of our direct control. While we strive to select reputable providers, we are not responsible for the practices, terms, or policies of any third-party platform.

4.2 Your use of the Website on such platforms may be subject to additional terms and conditions imposed by the third party, and it is your responsibility to review and comply with those terms. We do not accept any liability for any loss or damage arising from your use of the Website on a third-party platform.

5. Third party links and links to other websites

5.1 The Websites may contain links to other websites operated by third parties, or some information on the Websites may be uploaded 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 Websites to Third Party Material.

6. Intellectual Property Rights

6.1 The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

6.3 By submitting information or content to Stockland or to any of the Websites, 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 Websites and the rights to provide, disclose, sub-licence and/or assign that information or content to Stockland.

6.4 When using or interacting with the Website, you must not:

a) Use as a trade mark any brand name or trade marks that appear on the Website 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; and
c) Reverse engineer, republish, reproduce, modify, adapt, alter, distribute or attempt any of the aforementioned activities, in relation to any of the Websites or content on the Website in any way.

6.5 Stockland reserves the right to remove any content from this Website 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. Prohibited Uses

7.1 You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

a) In any way that violates any applicable federal, state, local, or international law or regulation.
b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
c) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
d) To impersonate or attempt to impersonate the company, a company employee, another user, or any other person or entity.
e) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

7.2 Additionally, you agree not to:

a) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
b) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
c) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
d) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

8. Community Event Submissions

Eligibility Criteria

8.1 To be eligible to post an event (‘Community Event’) on this Website, you must satisfy all of the following criteria:

a) You are at least 18 years old;
b) Your event must be held within the Sunshine Coast region within the State of Queensland;
c) You agree to demonstrate values of inclusivity, respect, and safety in all aspects of event organisation and promotion. Events must actively foster an environment free from discrimination, harassment, or exclusion based on, but not limited to, age, race, gender, sexual orientation, disability, religion, or cultural background. Proof of adherence to these values may be requested as part of the eligibility verification process or at any time deemed necessary by us;
d) Events that promote, advertise, or are primarily intended to further business, commercial interests, or for-profit ventures may be subject to additional review and approval at our sole discretion.
e) Events that occur on a regular or recurring basis (including but not limited to weekly, monthly, or seasonal events) may be considered for listing at our sole discretion.
f) Professional development events, including but not limited to training sessions, workshops, or courses that offer official qualifications or certifications, may be considered for approval at our sole discretion.
g) You possess the legal authority and any necessary permissions to represent and promote the event, including, if applicable, the consent of the event organisers, hosts, or venue;
h) Your event complies with all applicable local, state, federal laws and regulations, including, but not limited to, those governing public safety, licensing, and intellectual property rights;
i) The event does not promote or facilitate illegal activity, discrimination, violence, or harassment, and is not intended for any unlawful or exploitative purpose;
j) You agree to provide accurate, current, and complete information about the event and to update such information as necessary to maintain its accuracy;
k) Your use of the Website to post an event does not violate any other agreements you have entered into, including but not limited to employment, organisational, or confidentiality obligations;
l) You have not been previously suspended or removed from the Website or prohibited from posting events by us.

Assessment of your Community Event Submission:

8.2 Any Community Event may be subject to additional review to ensure alignment with the platform’s objectives and values. We reserve the right to determine the eligibility, appropriateness, and conditions for listing these events, and may refuse, modify, or remove any such posting at any time for any reason without prior notice.

8.3 We reserve the right to verify your eligibility at any time and to remove any event posting or restrict your access to the Website at our sole discretion and without prior written notice if any breaches of these Terms of Use.

8.4 Stockland will aim to review your Community Event submission within 5 Business Days of receipt. Please note that you will not receive a separate notification regarding the outcome of your Community Event submission. Please check the Website after 5 Business Days to determine whether your Community Event has been approved and listed. Submission of a Community Event does not guarantee publication.

8.5 By submitting a Community Event or any content to our Website, you grant Stockland a non-exclusive, worldwide, royalty-free license to use, reproduce, display, modify, and distribute the content in connection with the operation and promotion of the Website and related services.

8.6 You may contact Auramarketing@stockland.com.au in relation to your Community Event submission.

9. Privacy

9.1 Stockland respects your privacy. If you provide information to us through using, accessing, or interacting with, the Websites, including but not limited when you provide personal information when submitting a Community Event, you agree to provide accurate, current and complete information and agree to maintain and update such information where appropriate.

9.2 The Privacy Policy applicable to the Websites explains how personal information will be treated as you access, use and interact with the Websites, 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 Website.

9.3 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 Website breaches these Website Terms or any applicable law.

9.4 In addition to our Privacy Policy, please note that this platform may be hosted by a third party. Your use of the Website and any information you provide may also be subject to the hosting provider’s privacy policy. We encourage you to review their policy, as we are not responsible for their privacy practices.

10. Feedback, Questions and Complaints

10.1 If you have any feedback, comments, questions or complaints about your use of the Website (‘Feedback’), please contact Stockland at Auramarketing@stockland.com.au.

10.2 Once Stockland receives your enquiry, you will receive an acknowledgement of receipt and Stockland will review the enquiry and use best endeavours to help you resolve the enquiry promptly.

10.3 Subject to the terms of our Privacy Policy and any legal or regulatory obligations, any feedback data, questions, comments, and suggestions sent to us through the Website will be deemed non-confidential and may be used by Stockland to improve the Website.

10.4 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 Website. 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.

11. Risk and Liability

11.1 While Stockland has endeavoured to ensure that all information on this Website is complete, accurate and up to date, the content and the Websites are provided “as is” and “as available” and Stockland takes no responsibility for any errors or omissions relating to this information.

11.2 To the furthest extent permitted by law, Stockland does not warrant or make any representations:

a) that the Websites 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 Websites; or
b) in relation to the use or the results of the use of the content or the Websites, as to their correctness, accuracy, reliability, or otherwise; or
c) in relation to the authenticity of any users of the Website;
d) in relation to information uploaded by users from external sources;
e) in relation to information uploaded by users for Community Event’s;
f) you agree to use the Website and attend Community Events at your own risk;
g) that use of the Websites will be compatible with the hardware and software you are using to access it; or
h) that the functions contained in the Websites or Third-Party Websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the Websites and other Third-Party Websites are free of harmful components.

11.3 In relation to Community Events, Stockland is not responsible for the accuracy or completeness of information provided and is not responsible for cancelled, postponed or misrepresented Community Events. Stockland has no affiliation with, and does not endorse any Community Event.

11.4 Subject to any responsibilities implied by law and which cannot be excluded, neither Stockland nor its officers can assign or will be liable for any damages arising out of, or in relation, the use of the Websites or Websites linked to our Websites. This limitation applies to any direct, indirect, or consequential losses arising out of, or in connection with these Terms of Use, 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.

11.5 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 Websites (or material accessed via the Websites), or to access of the Websites by you, however 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.

11.6 To the maximum extent permitted by law, Stockland disclaims all liability for any loss, injury, or damages resulting from the use of the Website or attendance at listed Community Events.

11.7 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 Website or Stockland’s failure to provide access to the Website or any Third-Party Websites or any information updates or suffered by a user in respect of the content advertised on the Website.

12. Termination and suspension

12.1 Stockland reserves the right, without notice and in its sole discretion, to discontinue, suspend or terminate the Websites or any service offered through by or through the Website, at any time including suspending or terminating access to the Website for any user for any reason, including but not limited to a breach of these Website Terms.

12.2 All provisions of these Website Terms which by their nature should survive termination, shall survive termination, including, but without limitation, ownership provisions, disclaimers or indemnities and any suspension or termination shall not affect either party’s rights or liabilities.

12.3 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.

13. General

13.1 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.

13.2 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.

13.3 These Website Terms are governed by and construed in accordance with the laws of Queensland, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

13.4 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.