Pakenham Roads Upgrade – Racecourse Road Upgrade Project Trader Directory

Racecourse Road Upgrade Project - Trader Directory

Terms and Conditions

The Trader Directory is being compiled and distributed by and on behalf of The State of Victoria, through Big Build Roads, a division of the Victorian Infrastructure Delivery Authority (VIDA) , an administrative office in relation to the Department of Transport and Planning, Level 36, 80 Collins Street, Melbourne ABN 69 981 208 782, (Promoter). Select businesses will be participating in the promotion (Trader/s). Traders may elect at their own choosing to offer a promotion, coupon or other similar discount (Special Offer) as part of their participation in the guide book style directory of businesses located in or impacted by the Racecourse Road Upgrade project area (Trader Directory).

The Trader agrees as follows:

There is no entry or participation fee for the Trader Directory.
The right to participate in the Trader Directory will be offered to businesses on Healesville-Koo Wee Rup Road, Racecourse Road, Bald Hill Road, Peet Street, O’Sullivan Street, Hill Street, Rapid Way, Hogan Court, Embrey Court, Bormar Drive, Bate Close and Sharnet Circuit, all within Pakenham. Any other business within that geographical location can request that they be added to the Trader Directory by the Promoter. The granting or refusal of such a request will be at the Promoter’s discretion.
Over 5000 copies of the Trader Directory will be physically printed and distributed to properties in the Pakenham area.
A digital version of the Trader Directory will be available on the Promoter’s website until the completion of project works
The Promoter is not responsible for the condition/quality of the Trader Directory.
The Promoter is not responsible for the condition/quality of any Special Offer or other promotion offered by a Trader in the Trader Directory.
The Promoter will not be liable for any loss or damages whatsoever (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the Trader Directory or Special Offer, except for any liability which cannot be excluded by law.
The Trader acknowledges and agrees that the Promoter has not made any representation or warranties in relation to the Trader Directory and the Promoter does not warrant that the information, statements and any representations in the Trader Directory or the letter to the Traders is correct and without errors or omissions.
The Promoter’s inclusion of a Trader in the Trader Directory does not mean that the Promoter in any way warrants or makes any representations as to the feasibility of, or assumes responsibility for, or has any obligations in relation to, the implementation of the Special Offer.
The Trader acknowledges and agrees that it:

(a) has no claim, proceeding, cause of action, action, demand or suit against the Promoter and, to the extent permitted by law, releases the Promoter from any claim, proceeding, cause of action, action, demand or suit arising out of or in connection with the Trader Directory; and

(b) will indemnify the Promoter against any loss or liability arising from such claim, proceeding, cause of action, action, demand or suit brought by the Trader in breach of the acknowledgement above.

The Trader grants (or must procure the grant) to the Promoter of an irrevocable, royalty-free, perpetual and assignable licence (including the right to sublicense) to use, reproduce, modify, adapt, develop, communicate to the public or otherwise exploit any material provided in relation to the Trader Directory for the purpose of the Trader Directory.
The Trader acknowledges and accepts that the Promoter has an absolute and unfettered discretion to:

(a) cancel all or any part of the Trader Directory at its sole discretion;

(b) refuse to include any Trader in the Trader Directory; and

Personal information collected, used and disclosed in connection with the Trader Directory is subject to the Promoter’s Privacy Policy.