Shopping Centre

Terms and Conditions

    Definitions acb
  1. Unless the context otherwise requires, capitalised terms used herein have the same meaning as in the Booking Confirmation.

  2. Display
  3. The physical appearance of the Casual Lessee's display must be of a professional standard, which enhances both the Casual Lessee's product and the Center.
    Displays must not be above 5 feet in height and must not hinder the general view of any tenant’s shop front.
    Displays must not obstruct the free movement of customers within the Center's walkways, entrances, shop fronts, service corridors, or fire exits.

  4. The Casual Lessee must be present at the Site at all times during the normal operating hours of the Center and must trade during these hours

  5. All banquet tables must be completely covered at all times.
    Signage must not be handwritten and must be of a professional standard. Fixtures used by the Casual Lessee must not cause any damage to the Center and may be removed by the property owners or managers in their absolute discretion.

  6. At the conclusion of the casual letting, the Casual Lessee must restore the Site to its condition prior to the Casual Lessee’s occupation of the Site (including without limitation the removal of all displays and rubbish).

  7. Conduct Generally
  8. The property owners or managers and/or the Owner may move the Casual Lessee to a different Site at any time and for any reason.

  9. The Casual Lessee must not assign or sub-let this casual letting.

  10. The Casual Lessee must only use the premises for the purposes described at the time of booking and for no other purpose.

  11. If the Casual Lessee is selling food, it must ensure that:

    • (a) all of its staff are hygienically attired;
    • (b) all food wastes are placed in sealed hygienic containers and disposed of appropriately;
    • (c) mats are placed under and around cooking displays shielding is erected to ensure that the public is protected from hot surfaces; and 
    • (d) compliance with all city, state or other municipality's regulations is adhered to.
  12. If the Casual Lessee brings a motor vehicle into the Center, it must ensure that:

    • (a) the vehicle is fitted with a fuel locking cap;
    • (b) a drip tray is placed under the car and carpet squares are placed under each wheel;
    • (c) keys for the vehicle are left with the property owners or managers; and
    • (d) compliance with all city, state or other municipality's regulations is adhered to.
  13. Responsibilities and Compliance
  14. The Casual Lessee occupies the Site at its own risk and neither the property managers nor the owner of the Center (“Owner”) will be liable to the Casual Lessee for any loss, costs or damages whatsoever suffered by the Casual Lessee in connection with this casual letting.

  15. The Casual Lessee must promptly repair any damage caused by the Casual Lessee or its staff.

  16. Neither the Owner nor the property managers are responsible for the Casual Lessee's display or equipment during or after the Center's core trading hours.

  17. The Casual Lessee must ensure that all equipment used by the Casual Lessee on the premises is compliant with all relevant statutes, ordinances, regulations and standards.

  18. Where applicable, the Casual Lessee must pay for all services supplied to the Site, including water consumption, gas, electricity, and telephone charges.

  19. The Casual Lessee indemnifies the Owner and managing agent and their directors, officers, employees, agents and other representatives, from and against all claims, demands, losses, damages, costs and expenses for which they may become liable in relation to the Casual Lessee’s occupation of the Site, negligence or breach of these Terms and Conditions.

  20. The Casual Lessee warrants that in entering into this casual letting, it has not relied on any representations or warranties except as expressly stated in these Terms and Conditions and indemnifies the property managers and the Owner in relation to any breach of this warranty.

  21. The Casual Lessee must effect and maintain a public liability policy in the amount of $2 million per occurrence and in the aggregate and any other insurances reasonably requested by the property owners or managers from time to time. If requested, the Casual Lessee must provide a copy of any insurance policy to the property owners or managers.

  22. Payments
  23. Any amounts payable by the Casual Lessee in relation to its occupation of the Site must be paid at the time of booking.

  24. If any Sales Tax is incurred or payable by or collectable from the Owner or the property owners or managers in respect of the Casual Lessee’s occupation of the Site, the Casual Lessee must pay or reimburse that party the relevant Sales Tax amount upon demand.

  25. Once a booking has been made, the Casual Lessee cannot cancel it.
    The property managers and/or the Owner will not refund any amounts to the Casual Lessee if it cannot occupy the Site for any reason.
    The property managers and/or the Owner may in their absolute discretion agree to an alternate date of occupation.

  26. Termination
  27. The property managers or the Owner may in its absolute discretion terminate this Agreement :

    • (a) for any reason by giving 2 hours notice to the Casual Lessee; or
    • (b) immediately, if in the Owner’s or the property managers opinion the Casual Lessee has breached these Terms and Conditions.
  28. Upon termination of this Agreement the Casual Lessee must immediately vacate the Site and the Center.