Geni by Stockland | Terms and Conditions
The Geni mobile application ("App") is operated and made available to you by Stockland Corporation Limited, its related companies and trusts (together called "Stockland"). Stockland includes the entities listed at www.stockland.com.au.
1 Variation of Terms
(a) are likely to benefit you or have a neutral impact on you; or
(b) are required by law or necessary for security reasons, to prevent fraud or for technical reasons,
and such revision will take effect when it is uploaded to this App. However, we will endeavour to tell you about these changes as soon as practically possible.
For all other changes to these terms, we will inform you about these changes via email 30 days in advance of the changes taking effect.
Your continued use of this App will be regarded as your acceptance of these terms as amended.
The App allows the creation of shopping and to-do lists, and matches items on these lists to goods and services that are available at shopping centres managed by Stockland. The App is designed to make planning easier. Using the App, shoppers can create and manage multiple shopping and other to-do lists, by adding items as free-form text or selecting from pre-defined categories. A dynamic facility matches the items on these lists with goods and services from retailers at a user’s nominated Stockland shopping centre, which the user can browse and save to their list if desired. When in the shopping centre, a user can sort their lists by retailer and tick off purchased items or add more items as they shop. Lists can be shared with others to facilitate collaboration between families and friends.
The App may be modified by us at any time, without notice.
3 Third Party Content
The App contains content provided by third parties (“Third Party Content”). All information displayed in the App about goods and services, and any prices, discounts, specials, and promotional offers for those goods and services is Third Party Content. In some circumstances, the information may have been provided by a source other than the retailer at which the goods and services can be purchased.
Stockland is not responsible for the Third Party Content or its availability. Stockland does not examine, moderate, verify or evaluate the content or accuracy of the Third Party Content, and does not adopt, endorse or approve the Third Party Content. In particular, Stockland assumes no responsibility for any inaccuracy, incompleteness or inconsistencies in the Third Party Content displayed in the App or which is accessible using the App. If you are interested in the Third Party Content, you should make and rely on your own enquiries and independent judgement.
4 Your Content
6 Intellectual property rights
All copyright and other intellectual property rights subsisting in the App (including the software, design, text and graphics comprised in the App, the layout of the App) (“Materials”) are owned or licensed by us.
We hereby grant you a non-exclusive, worldwide, revocable, non-sublicensable and non-transferable licence to download, store, view, reproduce and display the Materials (excluding any software code) solely for your personal, non-commercial use in connection with viewing and using the App. You must not sell, reproduce, distribute or otherwise provide the Materials to third parties.
The "Stockland" name and all its associated trademarks are trademarks of Stockland. Any other trade marks appearing on this App may be the trademarks of the relevant owners. You must not use any trademarks that appear on this App without the written consent of the trademark owner.
7 Your responsibilities
As a condition to accessing and using the App, you will be required to register with Stockland by either:
(a) creating an account using your full name, a current and valid email address and password;
(b) signing in using your Facebook account, in which case Stockland may have access to your name, email address, gender, profile page, username, location and time zone, depending on your Facebook privacy settings.
(c) signing in using your Google account, in which case Stockland may have access to your name, email address, ID, gender, birthday and profile page, depending on your Google account privacy settings
If you register by creating an account using the App, you are responsible for maintaining the strict confidentiality of your login details for the App and are responsible for any activity under your account. You must immediately notify Stockland of any unauthorised use of your account or password or any other breach of security. It is your sole responsibility to control the use of your password and access to and use of your account.
If you use Facebook or Google to register, you consent to the disclosure and transfer of your personal information by Stockland to Facebook or Google (as applicable) for purposes relating to Stockland. Membership to and use of Facebook and Google (as applicable) is subject to the terms and conditions of use of Facebook and Google, respectively. You agree to direct any questions, comments or complaints about Stockland to Stockland and not to Facebook or Google.
Additionally, in accessing the App, you must:
(d) not take any steps to obtain unauthorised access to this App or any parts thereof that are not opened to public access;
(e) not disrupt or interfere with or make attempts to disrupt or interfere with the App, any other user’s enjoyment of the App or any services, system resources, accounts, servers or network connected to or accessible through this App;
(f) comply with all applicable laws and regulations that relate to your use of or activities on this App. Stockland reserves (at its absolute discretion) the right to report potentially criminal activity to appropriate law enforcement agencies. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the App. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any App user;
(g) not 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 App;
(h) not use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on this App;
(i) not take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of the App;
(j) not 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 App;
(k) not use or attempt to use the App 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; and
(l) download a new version of the App when notified to do so (and then cease use of the old version of the App).
Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded. Stockland acknowledges that you may be a consumer for the purposes of applicable State or Federal law in Australia, with the consequence that certain guarantees, rights and remedies may be conferred on you, which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, Stockland’s liability to you is limited at Stockland’s option to:
(a) in the case of goods: (i) replacement of the goods or the supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; and
(b) in the case of services: (i) resupply of the services; or (ii) payment of the cost of resupplying the services.
9 Suspension and termination
Stockland may at any time:
(a) withdraw the App or cease to make the App available; or
(b) suspend or terminate your use of the App.
You should always maintain a copy of Your Content. In the event that we cease to make the App available or suspend or terminate your use of the App, we will not maintain or return Your Content.
10 Apple devices
Failure or neglect by Stockland to enforce at any time any of these terms will not be construed or deemed to be a waiver of the rights of Stockland under these terms.
No waiver by Stockland of its rights under these terms will be deemed a waiver of any other term or provision and will be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
12 Applicable law
These terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Last updated 29 March 2017