Terms & Conditions

This page outlines the General Conditions of access to and use of the Site.

Acknowledgment and acceptance of General Conditions

• http://midtownmelbourne.com (Site) is owned and operated by ISPT Pty Ltd (ABN 28 064 041 283) in its capacity as the Trustee of the ISPT Retail Property Trust No. 2 (we, us).
• Your access to and use of the Site (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (General Conditions). Your Access to the Site constitutes your agreement to be bound by the General Conditions. We reserve the right to revise, amend and update the General Conditions at any time effective on the date of posting to the Site of the new and amended provisions.

Ownership of content on the site

• The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.
• You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these General Conditions or with our express prior written consent.Information provided
• The Content on the Site provides general information only.
• The information provided is not intended to replace or serve as a substitute for any legal, accounting, tax, real estate or other professional or expert advice, consultation or service and must not be relied upon as such. You should consult with a professional in the respective legal, accounting, tax, real estate or other professional area and obtain professional advice tailored to your specific circumstances before making any decisions.

Access to the Site

• You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this Site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
• You must not access or use the Site or the Content in any manner or for any purpose which: ◦is illegal or prohibited by any laws that apply to you;
  violates our rights in any way; or
  is prohibited by the General Conditions.
• You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your Access.
• You must not use the Content for commercial purposes without first obtaining our express written authority.

Disclaimer and limitation of liability

• Although we have no reason to believe that any information contained in this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Site updated.
• We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Site. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.
• Neither we nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Content or any omissions from the Content, except where liability is made non-excludable by legislation.

Indemnity

• You must indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from: ◦any breach by you of the General Conditions; or
  reliance by you on any information obtained through the Site; or your Access to the Site.

Copyright

• Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. 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 General Conditions, you may not in any form or by any means: ◦adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
  commercialise any information, products or services obtained from any part of this Site.

Trade Marks

• Except where otherwise specified, any word or device to which the TM or ‚ symbol is attached, is a trade mark in which we claim proprietary rights.
• If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
  • in or as the whole or part of your own trade marks;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive;
  • in a manner that disparages us or our information, products or services (including this Site).

Termination

• We may terminate access to this Site at any time without notice. The General Conditions will nevertheless survive any such termination.

Governing Law

• These General Conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts in Victoria, Australia.

Linking to the Site

• No linking is permitted to the Site unless it is the subject of a separate specific written agreement between you and us.

Advertising and links to other web site

• The Site may contain links to third party sites (Linked Sites). Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (Subsequent Site). We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. You link to any Linked Site or Subsequent Site entirely at your own risk.
• Neither we nor our directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do we or they accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.

General

• We do not accept any liability for any failure to comply with the General Conditions where the failure is due to circumstances beyond our reasonable control.
• If we waive any rights available to us under these General Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
• If any of the General Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

Privacy

• For information about how we handle personal information, please refer to our Privacy Statement accessible from the Site.

Vault Prepaid Card Terms and Conditions

These Terms and Conditions apply to your JLL prepaid card (“the Card”). The Card is issued by EML Payment Solutions Limited ABN 30 131 436 532 AFSL 404131 (“EML”) and distributed by Vault Payment Solutions Group Pty Ltd, ABN 66 632 373 105 (“Vault”). In these Card terms and conditions, “we”, “us” or “our” means EML and Vault; and “you”, “your” or “user” means the cardholder. If you acquire the Card you will have a contract with us.

When we refer to a Physical Card it means a plastic card issued by EML and when we refer to a Tokenised Card it means a card that has had sensitive personal information (including, but not limited to, a PAN) is substituted for a unique identifier (token) and stored within a Device Wallet for you to use as payment. A Tokenised Card can be used for Contactless Transactions as well as card not present transactions, including online purchases.

When we refer to a Digital Wallet, we are referring to Apple Pay, Google Pay or Samsung Pay or any other digital wallet provider capable of provisioning the Card to your Device and when we refer to a Device, we are referring to a mobile or wearable device that allows you to store or otherwise add a Card to a Digital Wallet.

Website means the secured web site https://www.midtownmelbourne.com/ and any additional or replacement website we notify you as the website for the purposes of these Terms & Conditions from time to time.

App means the mobile application provided by Vault which allows you to manage your Card, review transactions and check your available balance.

Accepting the Card and agreeing to these Conditions of Use

1. You agree to be bound by these Terms and Conditions by using the Card in any capacity including, but not limited to, provisioning the Card into your Device, using any Card features or completing a transaction with the Card.
2. Use and access to the Tokenised Card is subject to your respective Device capability. This means your Device must have the ability to store the Tokenised Card and make a purchase using a Digital Wallet.

How and where you can use the Card

3. ​The Card must be activated prior to use and expiry.
   1. For a Physical Card, via the website by following the prompts;
   2. For a Tokenised Card, via the App by following the instructions provided to you via text message to your Device;
4. Upon activation, the Card will be ready for use from 12pm the following business day;
5. If the Card is not activated within the activation period as defined on the Website, it will be cancelled for non-activation, and the available balance will be forfeited.
6. The Card is a single load prepaid card that can be used for purchasing goods and services at merchants as defined on the website and cannot be used at ATMs or over the counter at financial institutions.
   1. at an Accepted Merchant that has an EFTPOS Device by either:
      1. swiping a Physical Card and selecting the ‘credit’ button ; or
      2. for a Tokenised Card, making a Contactless Transaction.
   2. Over the telephone or the internet at an Accepted Merchant by providing the Card Number, expiry date and security code.
7. Attempts to use the Card at merchants that are not otherwise approved to accept the Card will result in a declined transaction.
8. The Card must be activated prior to use and expiry. To activate the Card, you must follow the activation steps at https://vaultactivation.com.au.
9. If the Card is not activated within (activation period) from the date of issue, it will be closed, and the available balance will be forfeited and paid to Vault.
10. When using the Card at point of sale, if required, press the Credit button to access the available balance.
11. The Card does not have cash out capability. You may not use the Card to withdraw cash.
12. The Card cannot be cancelled, used to obtain or redeem cash and cannot be used for making direct debit, recurring, or regular instalment payments.

Checking your Card balance and transaction history

13. You acknowledge and agree that we do not provide you with paper statements. Card transaction activity and balance information can be found by accessing https://vaultactivation.com.au for physical plastic cards or the App for digital cards.
14. You are responsible for checking your transaction history and knowing the available balance for the Card, all of which will be available to you on your Device or by accessing https://vaultactivation.com.au.
15. You are responsible for ensuring the availability of sufficient funds for all transactions. The Card cannot be used to make transactions that exceed the available balance. For such a transaction you need to pay the difference by another method if the merchant agrees.
16. In the event the available amount on the Card is less than the purchase amount, some merchants may not allow the Cardholder to combine multiple payment types (such as cash, cheque or another payment card) to complete the transaction.

Validity and Card Expiry

17. Once Activated, the Card is valid until the expiry date shown:
    1. For a Physical Card, on the card itself.
    2. For a Tokenised card, within the App or your Digital Wallet.
18. The Card cannot be used after expiry. After its expiry, or cancellation for non-activation, any balance will be forfeited to Vault, and the Card will be declined when presented for use. We will not give you any notice before this happens.

Your Card, your responsibility

19. The Card is like cash. We have no obligation to replace or refund value for misused, lost, stolen or damaged Cards except where we have breached any condition or warranty implied under consumer protection legislation that cannot be excluded in these terms and conditions (for example, warranties as to the exercise of due care and skill in providing services and as to fitness for purpose of materials we provide).
20. You are responsible for all transactions on the Card, except where there has been fraud or negligence by our staff or agents. If you notice any error relating to the Card, you should notify Vault Customer Support immediately at info@vaultps.com.au.
21. Except to the extent required by law, we are not liable for any loss or damage arising out of or in any way related to the use of the Cards, including:
    1. if authorisation is declined for any transaction, except where the authorisation has been declined because of an act or omission on our part;
    2. if you permit someone else to use the Card, you will be responsible for any transactions initiated by that person with the Card;
    3. the availability of merchants who allow the use of the Card as payment;
    4. reduced levels of service caused by the failure of third-party communications and network providers (except to the extent deemed liable under the ePayments Code).
22. Unauthorised transactions can happen using the Card if the Device it is lost or stolen, a personal identification number (“PIN”) is revealed to any other person, or because of fraud.

Errors and complaints

23. If we discover an error in the amount of funds loaded, reloaded, received or used for any reason, we are authorised to rectify the error without further notice to you, including but not limited to debiting the equal amount of funds found in error from your Cards available balance.
24. If you notice any error relating to the Card or have a query about the Card, you should initially contact the shopping centre customer service team during opening hours.
25. If you have a complaint relating to the Card, you can contact Vault Customer Support

on

Phone: (03) 9000 0012; or

Email: info@vaultps.com.au

Or/ EML at any of the following:

Phone: 1300 739 889 from 8am – 5pm Monday to Friday (Sydney time)

Email: support@emlpayments.com.au.

Fees and Charges

26. We do not charge any fees for using the Card. However, to the extent permitted by law, some merchants may charge you for using the Card and such fees may be deducted from the balance of your Card at the time of the transaction.

Refunds or exchanges

27. Any refunds on Card transactions are subject to the policy of the specific merchant. If the Card expires or is revoked before you have spent any funds resulting from a refund then you will have no access to those funds.
28. You cannot “stop payment” on any transaction after it has been completed. If you have a problem with a purchase made with the Card, or a dispute with a merchant, you must deal directly with the merchant involved. If you cannot resolve the dispute with the merchant, you can contact Vault Customer Support.

Privacy

29. Information will be disclosed to third parties about the Card, or transactions made with the Card, whenever allowed by law, and where necessary to operate the Card and process transactions. Our Privacy Policies are available at:

JLL:                               https://www.midtownmelbourne.com/

EML:                            https://www.emlpayments.com/privacy

Vault:                           https://www.vaultps.com.au

Changes to these Conditions of Use

30. ​We reserve the right to change these Terms and Conditions at any time. Any changes to the Terms and Conditions can be viewed at the Website.

Card Usage

31. The Card can be used at the following Melbourne’s GPO retailers:

• Chemist Warehouse
• Dae Jang Geum Korean BBQ
• Daiso
• Demochi
• Khao Kang
• Telstra
• W Cosmetics