Privacy Policy

PLEASE READ THE TERMS CAREFULLY BEFORE ACCESSING AND USING THE APP AND/OR THE SERVICE. BY ACCESSING AND USING THIS APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT ACCESS OR USE THE APP AND DELETE IT FROM YOUR DEVICE.

WHO WE ARE AND WHAT THESE TERMS ARE

Charter Hall Holdings Pty Limited (ACN 051 363 547) of Level 20, No.1 Martin Place, Sydney 2000 (Client) is the operator of an online platform currently available through the Host App (the Host App). The Service means the App and associated services provided by us or any member of our group of companies to facilitate you placing an order with a vendor, and any services or products that may be offered via the App in the future. The Host Terms of Use, which include any other terms and conditions incorporated by reference (together, the Host Terms) form the agreement between you, as the customer (you, your) and us, regarding your use of the Service, including the App. By using the Service, you agree to comply with the Host Terms.

YOU MUST BE 18 TO ACCEPT THESE HOST TERMS AND ACCESS OR USE THE APP.

If you have any questions in relation to the Host Terms, please contact us at hostbuilding@cbre.com

1. HOW THE SERVICE WORKS

The Service is a technology platform operated by us via the App that allows you to browse, place orders and make payment for food and beverage and other products and services (Products) from participating third party vendors (Vendors). You will be required to pay for your Products at the time of ordering through the Service and you are responsible for collecting your Products at a time and location agreed between you and the Vendor.

2. INTELLECTUAL PROPERTY

2.1 General

All intellectual property rights in the App (and related documentation) and the Service throughout the world belong to us or our licensors and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App (or related documentation) or the Service other than the right to use them in accordance with these Host Terms.

2.2 Licence to Use the Service

Subject to your compliance with these Host Terms, we grant you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable licence to:

• access and use the App on your personal device solely in connection with your use of the Service; and

• access and use any content, information and related materials (including any updates of the App incorporating 'patches' and corrections or errors) that may be made available through the App and the Service, in each case, solely for your personal, non-commercial use. In addition, you may share the App and the Service in accordance with the rules set out in https://www.apple.com/family-sharing/ and/or in https://support.google.com/googleplay/answer/7007852?hl=en.

Any rights not expressly granted in these Host Terms are reserved by us and our licensors. This includes all right, title and interest in the object code and source code of the App. Other than to the extent necessary to use the Service, you must not, without our prior written consent:

• copy the App or Service, or any part of it, or create derivative works based on the App or Service;

• decompile or reverse engineer the App or Service, or take any other action to discover the source code or underlying ideas or algorithm of any components of the Service, including in relation to the App;

• translate, merge, adapt, vary, alter or modify, the whole or any part of the Service or the App (or documentation), nor permit the App or the Service, or any part of them, to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Host Terms; or

• utilise any data gathering and extraction tools, such as robots, to extract for re-utilisation any part of the App or Service.

2.3 User Content

You acknowledge and agree that all information, photos, video, text, graphics, music, sounds, questions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (Content) that is made available through the Service is the sole responsibility of the person who posts or otherwise transmits such Content to the Service.

We may, in our sole discretion, permit you, or permit our licensees to permit you, from time to time to submit, upload, and publish Content to the Service (User Content). Any User Content provided by you remains your property. However, by providing User Content to the Service, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free licence, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that:

• you either are the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases necessary to grant the licence to the User Content as set forth above; and

• neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content, or our use of the User Content as permitted in the Host Terms, will infringe, misappropriate or violate a third party’s rights, including their intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

2.4 Third Party Content

You acknowledge and agree that the Service may include Content that is posted or otherwise transmitted to the Service by Vendors or other third parties, including other end users of the Service, whether at our request or voluntarily, and whether publicly posted or privately transmitted, including names, prices, addresses, location, menus, photos, reviews, feedback, ideas, articles or links to Vendors' or third party websites (Third Party Content). We have not verified, and do not verify, the accuracy of Third Party Content made available through the Service. We do not endorse any Third Party Content. Any links to third party websites are used by you at your own risk. You acknowledge that any third party website may specify terms of use and policies dealing with the use of your personal information, and we are not responsible for, and have no control over, any such legal terms that may affect your use of that third party website.

To the extent permitted by law, we and our licensors will not be liable in any way for any Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content.

3. YOUR ACCOUNT

To use most aspects of the Service, you will need to create a personal user account and accept the Host Terms.

You must be aged 18 or over to create an account and use the Service.

When registering for an account, you must provide us with certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). We will handle all personal information in accordance with our Privacy Policy (please see further under Section 8 (Privacy and Data)).

You are responsible for all activity that occurs under your account regardless of whether that activity is undertaken or authorised by you. You agree to maintain the security and secrecy of your account username and password at all times and agree to inform us immediately if you have reason to believe that your password has become known to anyone else, or is being, or is likely to be, misused in anyway.

We reserve the right to, to the extent permitted by all applicable laws but otherwise without limitation, do any or all of the following in relation to your account:

• suspend your account and/or your use of the Service for any reason at any time;

• terminate your account immediately without notice to you if you have committed a breach of the Host Terms, or otherwise create risk or possible legal exposure for us;

• deactivate your account if you have not used the Service for a period of 12 months or more (from the date of last use);

• permanently or temporarily block your access to all or part of the Service; and/or

• edit or remove any Content that you post to or using your account.

You may, at any time, delete your account, cease using the Service, or edit or remove Content you post to your account using the tools and settings we make available to you, including through the App. We will notify you in the event of any suspension of your account or material removal of Content under this provision.

If we end your rights to use the Service, including the App:

• you must stop all activities authorised by these Host Terms, including your use of any of the Service, including the App; and

• you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App that you have and confirm to us that you have done this. You may delete your account at any time by:

• selecting "Erase Data and Reset " on the 'My Account' settings page and following the instructions;

• mailing your request for cancellation to Charter Hall; or

• emailing us at hostbuilding@cbre.com

Prior to cancelling your account, you must ensure that you have paid for all outstanding orders. Certain provisions of these Host Terms will remain in effect even after your account is terminated or otherwise cancelled please see the section below headed Survival.

We are giving you personally the right to use the App and the Service as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

4. ORDERING PRODUCTS USING THE SERVICE

4.1 Role of Charter Hall

By providing the Service, third party Vendors list and sell Products to you and other end users. While these transactions occur through the App, we are neither the buyer nor the seller of the Products listed on the Service, nor the agent of the buyer or seller. When you use the Service to place an order to purchase any Products you are entering into a contract with the relevant Vendor and not with us or our licensees. We are not party to any transaction or contract between you and the Vendor.

To the extent permitted by law, we and our licensees do not bear or accept any liability arising from any such contract, and you agree to hold us free from all liability arising in this respect and to indemnify us for claims arising from Vendors or any third party for your failure to perform any obligation in any transaction or contract with a Vendor.

The Vendor is solely responsible for the sale of their Products and for dealing with any buyer claims, complaints or any other issue arising out of or in connection with the contract between a Vendor and you or any buyer.

4.2 Order Process

Vendors provide menus comprising of Products (including prices), which are published on the Service. You can make an order by proceeding through the order process on the Service. You may review and amend the details of your order, or cancel your order at any time, prior to confirming your order at checkout.

Once you have proceeded through the order process to checkout screen you will need to:

• provide your payment option details; and

• confirm your order by clicking "Pay Now" on the checkout screen.

Once you confirm your order and your order has been processed at checkout, an agreement is formed between you and the Vendor. We are not a party to that agreement and the Vendor will be obliged to perform any obligations owed by it under the order.

You will be sent confirmation of your order. Please note that confirmation of your order is not a Charter Hall guarantee by us that your order will be fulfilled.

You accept full responsibility for providing accurate details when placing an order through the Service.

Orders for Products cannot be retracted, cancelled or changed once you have confirmed the order by clicking "Pay Now" on the checkout screen. This does not affect your statutory rights.

At all times, it is the responsibility of the Vendor, not us, to ensure that your order is completed. You acknowledge and agree that it is your responsibility to ensure that you or a nominated person collect your order from the Vendor. If you or your nominated person are not able to collect your order, you acknowledge and agree that:

• you will not be entitled to a refund for an uncollected order; and

• neither the Vendor nor we have any responsibility or liability relating to your failure to collect the order.

All orders for Products are dependent on and subject to the Vendor's terms of service including the availability of Products, the operating hours of the Vendor and the availability of the Vendor's staff, as well as such other terms as set out in the terms of service between you and the Vendor.

4.3 Purchasing Restricted Goods through the Service

Some Vendors may offer alcoholic drinks, tobacco Products or similar goods that are only permitted to be legally sold to persons over the age of 18 (Restricted Goods) as part of their Products. As with any other Products, we do not endorse, promote, or warrant the quality of Restricted Goods. You acknowledge and agree that any Restricted Goods are purchased from and provided by the Vendor directly. You acknowledge and agree that the Vendor:

• must refuse to provide you with Restricted Goods if you are under 18 years old or appear to be under 18 years old and cannot or refuse to provide valid ID, you appear to be intoxicated, you are disorderly, or it is outside the trading hours listed on their licence; and

• may refuse to provide you with alcoholic Products on any other reasonable grounds.

4.4 Fees and Charges

The App is provided to you for free, other than any charges associated with accessing the internet. You may create an account at no cost. When you order Products through the Service, no fees or charges are payable other than those relating to the Products purchased from Vendors.

All costs associated with Products purchased over the Service are set by Vendors. We have no control over, and take no responsibility for, the price of Products purchased by you over the Service.

When you use the Service to purchase Products, your order will be processed in accordance with the payment option selected by you at the checkout (e.g. debit or credit card). The payment method linked to your account will be charged immediately each time you place an order for Products through the Service. You acknowledge and agree that by clicking "Pay Now" on the checkout screen you authorise the Vendor to charge the price of the order to your account.

The Service uses third party merchant facilities provided by Stripe Payments Australia Pty Ltd (ACN 160 180 343) (the Third Party Payment Provider) to process payments. You acknowledge and agree that, to the extent permitted by law, we are not responsible and will not be liable for any loss or damage arising out of your use of any service offered by the Third Party Payment Provider.

All prices shall be shown in AUD, and include GST where applicable.

4.5 Refunds

If you are not satisfied with any of the Products in your order or wish to return, replace or refund Products, this should be raised with the relevant Vendor under your terms of service with them.

You agree that you must pursue any complaint or dispute about Products with the Vendor, and we have no obligation to become involved in the resolution of any such disputes. However, we may, at our absolute discretion, assist with such disputes, returns, replacements or refunds of Products as an independent third party and without any interest in the dispute or its outcome.

5. VOUCHERS

From time to time, we, Vendors or other third parties may issue vouchers to be used to purchase Products on the Service. These vouchers cannot be transferred, redeemed or refunded for cash or used beyond their respective expiry dates as noted on the voucher.

You are solely responsible for the security and use of any vouchers. We are not responsible and will not provide a refund for any loss or damage to any vouchers and have no obligation to replace them for any reason.

We reserve the right to refuse to redeem any voucher which appears, at our sole discretion, to have been forged or otherwise tampered with.

6. YOUR USE OF THE SERVICE

6.1 Communications

We will communicate with you in connection with the Service electronically in a variety of ways, including through text message for confirmation of your order or Service, in-app push notifications or email. You consent to receive communications from us and other third parties involved in the Service (including Vendors) in connection with the Service and the Products offered for sale over the Service or for the purposes of any direct marketing pursued by Charter Hall.

You may opt-out of receiving in-app push notifications by adjusting the App settings on your mobile device. You acknowledge that opting-out of in-app push notifications may impact your use of the Service. Y

ou may communicate with us by using the functionality within the App or at hostbuilding@cbre.com

6.2 Conditions of use

When using the Service, you must not use, or attempt to use the Service or act in any way that:

• is contrary to any law; or

• is not permitted by these Host Terms.

Without limiting the above, you must not and must not attempt to:

• use the Service in any way that causes, or is likely to cause, any interruption, damage or otherwise impair the Service in any way;

• upload, post, email or otherwise transmit User Content or other material that:

- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (as determined by us);

- would bring us, a Vendor, or any other party associated with the Service, into disrepute, contempt, scandal or ridicule; or

- would be reasonably likely to be, classified with a classification higher than an M classification under the National Classification Code under the Classification (Publications, Films and Computer Games) Act 1995 (Cth)

• harm, wrongfully influence or threaten children in any way or solicit or otherwise attempt to gain any information from a minor;

• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;

• upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of commercial solicitation, except in those areas that are specifically designated for such purpose;

• act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Service or us;

• remove, erase, obscure or tamper with any copyright or any other product identification or proprietary rights notices, seal or instructional label printed or stamped on, affixed to or encoded or recorded in or on the App;

• fail to preserve all copyright and other proprietary notices in all copies of the App made by you;

• lease, lend or use the Service for timesharing or service bureau purposes;

• sell, market, licence, sublicense, distribute or otherwise grant to a third party any right to use the Service;

• combine or merge any part of the Service with or into any other software or documentation or refer to or otherwise use the Service as part of any effort to develop software having any functional attributes, visual expressions or other features similar to those of the Service;

• except with our prior written approval, publish any performance or benchmark tests or analysis relating to the Service; or

• place any order with a Vendor using the Service that is not a genuine order.

6.3 Complaints

If you would like to make a complaint or provide any other feedback on the Service, please notify us in writing at hostbuilding@cbre.com. To enable us to provide a comprehensive response, please provide full particulars of a complaint and allow us a reasonable amount of time to investigate the complaint before giving you a written response.

7. ACCESS TO THE SERVICE

7.1 Access Requirements

You acknowledge that the accessibility and functionality of the Service requires a connection to the internet and for you to create and maintain an account with the Third Party Payment Provider, including agreeing to any terms or conditions required by Third Party Payment Provider.

If you are using the App to access the Service you must also download the most recent version of the App available on the Google Play Store or Apple iTunes Store and maintain at least Android 4.4 or iOS 10, as updated from time-to-time.

You are responsible for all fees and charges associated with accessing the internet and for updating your copy of the App and operating system so as to meet the minimum requirements. These may include charges imposed by your mobile network in relation to data use and messaging.

7.2 Continuity

We do not guarantee that the Service or any portion of it will function on any particular hardware or device. You acknowledge that the Service may be subject to bugs, glitches and other malfunctions and delays inherent in the use of the internet and electronic communications.

Access to the Service may be suspended temporarily without notice in the case of system failure, maintenance or repair, or any reason beyond our control. We do not guarantee that the Service will be available 24/7 and reserve the right, without prior notice to you, to suspend the Service pending maintenance, repair, diagnosis, analysis or upgrade of the Service, or to modify the Service, or discontinue the Service at any time, in any event, without liability to you.

At our discretion, we may at any time without prior notice restrict, block or disable access, edit and/or remove some parts of or the entire App, the Service or any content, including any material which in our reasonable opinion may give rise to a breach, or be in violation of these Host Terms, or is otherwise harmful.

8. PRIVACY & DATA

8.1 Collection, Use and Disclosure

By using the App or any of the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Service to you. We agree to delete or de-identify all personal information relating to you if you request us to do so. Such a request must be made:

• you may erase your personal information stored on the App at any time by clicking on the "Erase & Data Reset" on the My Profile screen in the App; or

• by sending your request via email to hostbuilding@cbre.com

The App uses Firebase analytics and it is important that you read that information on the Firebase Analytics Privacy Policy.

WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN TRACKING AND LOCATION SERVICES OFF)

The Service may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device; however, please be aware that this will affect the functionality and your ability to obtain the full benefit of the App and/or any of the Service. If you use the Service, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your device.

You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Service or our termination of these Host Terms with you. If you change or deactivate your mobile telephone number, you must update your account information within 48 hours to ensure that messages are not sent to the person who acquires your old number.

By using the App or any of the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Service to you. We agree to delete or de-identify all personal information relating to you if you request us to do so.

Such a request must be made:

• by clicking on the "Erase & Data Reset" on the My Profile screen in the App; or

• by sending your request via email to hostbuilding@cbre.com

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

8.2 Rights in data

Unless our Privacy Policy otherwise states, we, including our employees, agents and contractors, may use, reproduce, distribute and retain all data generated by, submitted to or evaluated utilising the Service and all associated data residing on our systems for the purposes of:

• system and network maintenance, and the diagnosis, investigation and correction of actual or suspected performance issues;

• measurement or evaluation of software, services or App usage and performance, and information security;

• recommending, developing or monitoring improvements, upgrades or enhancements; • performing our obligations under these Host Terms;

• analysing, modelling and auditing;

• protecting against and/or preventing actual or potential fraud; and/or

• compliance with relevant laws.

9. DISCLAIMER

In accessing and using the Service, including the App, you irrevocably and unconditionally acknowledge and accept the following:

• to the extent permitted by law, we provide the Service on a purely ‘as is’ basis without warranty of any kind whatsoever to you;

• we only provide the Service for Australian residents. We make no representation that any Products featured on the Service are available for purchase outside Australia;

• we do not make any representations or warranties regarding the quality, availability or preparation of the Products or that the Products supplied by the Vendor are fit or safe for consumption;

• we do not have control over the quality, timing, availability, legality, failure to provide or delivery of any order made using the Service or any other aspect whatsoever relating to the provision or delivery of any order by a Vendor;

• we are not responsible in any way for ensuring that a Vendor complies with all applicable consumer protection laws, occupational health and safety laws, food standards and liquor licensing laws, or any similar or equivalent legislation regarding the preparation, supply and sale of any Products for which you can place orders via the Service including without limitation as to the quality or merchantability of any such Products; and

• we make no warranties or representations as to the accuracy, content or quality or the information of any kind displayed on the Service and are not responsible for verifying the accuracy of any information available via the Service in respect of any Vendor, including as to opening times, order processing times, pricing or availability of Products to order, collection times, opening hours, the location and contact details for Vendors, or any other information that is relevant to making an order, and we will not be liable for any misleading or deceptive conduct by Vendors in respect of the Service.

10. LIMITATION OF LIABILITY

10.1 Consequential & Indirect Loss

In section 10.1 and 10.2, Loss includes any loss, damage, liability, cost or expense (including any legal cost and expense) on a full indemnity basis, however it arises and whether it is present or future, fixed or unascertained, actual or contingent, direct or indirect.

To the maximum extent permitted under any applicable laws, in no circumstances are we liable, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whatever the cause, to you for any indirect Loss or consequential Loss, even if you have advised us of their possibility, including loss of business profits, revenue, opportunity, goodwill or anticipatory profits or business interruption, incurred by you in connection with or as a result of entering into the Host Terms or their performance.

The Service, including the App, is for your domestic and private use. If you use the Service or the App for any commercial, business or resale purpose we will have no liability to you for any Loss arising.

10.2 Unlimited Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.

10.3 Liability Cap

To the extent permitted by law, you agree that our aggregate liability for any claims under or in connection with the Host Terms, however they arise and whether in contract, tort (including negligence and breach of statutory duty), shall not exceed the actual dollar amount paid by you for the Service which gave rise to such damages, losses and causes of action.

Where we cannot exclude liability under the Host Terms but can limit that liability, our liability is, to the extent permitted by law, limited to any one or more of the following (at our option):

• in the case of the supply of goods under the Host Terms (if any):

- the replacement of the goods, or the supply of equivalent goods, or the payment of the cost of replacing the goods, or acquiring equivalent goods;

- the repair of the goods, or the payment of the cost of having the goods repaired; or

• in the case of the supply of the Service under the Host Terms:

- the supplying of the Service again; or o the payment of the cost of having the services supplied again.

11. APP STORE & GOOGLE PLAY

With respect to the App and any other application sourced via the App Store or Google Play, you acknowledge and agree that:

• the Charter Hall (Host) Terms are between you and us only and not between you and Apple or you and Google;

• in respect of any application downloaded from the App Store, the licence granted under the Host Terms is limited to use of that application on any Apple-branded product that you own or control and that application may only be accessed by other accounts associated with you through Family Sharing or volume purchasing;

• neither Apple nor Google have any responsibility for providing any support services in respect of the App or any similar application;

• neither Apple nor Google provide any warranties, whether express or implied, and neither Apple nor Google will have any liability for claims, losses, liabilities, damages, costs or expenses attributable to any failure by the App to conform to any warranty;

• in the event of any third party claim that the App or your possession and use of the App in accordance with these Host Terms infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for any investigation, defence, settlement and discharge of any such claim;

• neither Apple nor Google are responsible for addressing any claim by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:

- product liability claims;

- any claim that the App fails to conform to any applicable law; and

- claims arising under consumer protection or similar legislation;

• Apple and Google and their subsidiaries are third party beneficiaries of these Host Terms and to the extent permitted by law have the right (and will be deemed to have accepted the right) to enforce the Host Terms against you as third party beneficiaries;

• you represent and warrant that you:

- are not located in a country that is subject to a US Government embargo or has been designated by the US Government as a "terrorist supporting country"; and

- you are not listed on any US Government list of prohibited or restricted parties; and

• You must comply with all relevant App Store and Google Play user terms and conditions (as appropriate and as may be amended from time-to-time) and such terms will override these Host Terms to the extent of any inconsistency.

12. GENERAL

12.1 Status of the Host Terms

In accessing and using the Service, you acknowledge and agree that:

• Charter Hall (Host) Terms create a binding, legal agreement between us and you, which shall be construed in accordance with and governed by the laws of New South Wales, Australia;

• Charter Hall (Host) Terms include, and incorporate by reference, our Terms and Conditions https://www.charterhall.com/who-we-are/terms-and-conditions) as amended or updated from time to time;

• we provide the Service solely in accordance with the Charter Hall (Host) Terms, subject to any other relevant laws; and

• we may amend the Host Terms from time to time. Amendments will be effective upon our posting of the updated terms via the App. Your continued access to or use of the Service after such posting constitutes your consent to be bound by the Host Terms, as amended.

12.2 Disputes

The parties must first attempt to resolve any claim or dispute arising out of or relating to the Host Terms or the Service in an amicable manner by mutual agreement in the first instance and, in failing mutual agreement, by mediation with a mutually acceptable mediator based in Sydney, New South Wales, Australia, prior to commencing any legal action.

12.3 Governing Law & Jurisdiction

You agree that the Host Terms are governed by the laws of New South Wales. Any claim or dispute between you and us will be exclusively decided by a court of competent jurisdiction located in Sydney, New South Wales, Australia.

12.4 Severance

If any provision of these Charter Hall (Host) Terms is found to be invalid, unenforceable or illegal for any reason, such provisions will be deemed deleted and the remaining provisions will remain in full force and effect.

12.5 Waiver

If we fail to enforce any of these Charter Hall (Host) Terms, it will not be considered a waiver. Any amendment to or waiver of these Host Terms must be made in writing and signed by us.

12.6 Assignment

You must not transfer, assign or delegate any of your rights or obligations under these Host Terms to anyone else without our consent. We may assign, novate or otherwise delegate all or any of our rights or obligations under these Host Terms to any person or entity, and this clause records your agreement to the replacement of us as a party to this agreement with any other person or entity without further notice to you.

12.7 Relationship between the parties

Nothing in these Host Terms shall be construed to create a joint venture, partnership or agency relationship between you and us, and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

12.8 Inconsistency

Except as otherwise provided in these Charter Hall (Host) Terms, in the event there is any inconsistency between these Host Terms, and any other terms incorporated in the Charter Hall (Host) Terms, or any information appearing on the Service, or any other material accessible, available or observable on the Service published by us or matters contained in any other document or representation received from any party including us, these Host Terms shall prevail to the extent of the inconsistency.