The Laneway - Website Terms of Use

Welcome to the Melbourne Airport Laneway website (the Laneway), which is provided by Australia Pacific Airports (Melbourne) Pty Ltd (ACN 076 999 114) (Melbourne Airport, we, or us).

The Laneway is a marketplace platform where you can purchase goods (Goods) (via a ‘click and collect’ service) from retailers that participate in the Laneway (Vendors).

These website terms and conditions of use (Terms) apply to your use of the Laneway even if you are just browsing the Laneway, so it’s important that you read and understand them.

In these Terms you or your means the person who accesses and uses the Laneway (whether or not any Goods are purchased).

These Terms govern your access and use of the Laneway and form a binding agreement between Melbourne Airport and you. In using the Laneway, you agree to be bound by these Terms and our privacy policy (Privacy Policy), together with any additional terms and conditions displayed in connection with the services offered on the Laneway.  Importantly, please note that as a condition of placing an order for Goods with a Vendor, you must accept any terms of sale or other requirements stipulated by the relevant Vendor.  Your use of the Laneway does not make us a party to any transaction between you and the relevant Vendor.

The Laneway may contain links to other websites and/or services, apps or resources (Other Sites). Where Other Sites are operated by Melbourne Airport, your use of each relevant Other Site may be subject to additional terms and conditions that supplement these Terms. Separate terms may also apply to Other Sites that are not operated by us.  Please note that we have no control and nor do we accept or assume any responsibility for Other Sites that are not operated by us or for the content, products or services of those Other Sites.  Your use of Other Sites is entirely at your own risk, and we accept no responsibility for any loss that may arise from your use of them.

You must be over 18 years old to use the Laneway. If you are under 18 years old, you must have permission from your parent or legal guardian to access and use the Laneway, and they must accept these Terms on your behalf.  Note also that some Goods may have a minimum age requirement (for example Goods containing alcohol or tobacco) and you must not purchase such Goods unless you meet the minimum age requirement.

If you don’t agree to these Terms, then you must not access or use the Laneway.

If you have any enquiries or require any assistance, then:

1. you may find our FAQs helpful;
2. if your enquiry relates to:

• the Goods that you have purchased or intend to purchase;
• your collection of the Goods; or
• exchange, refund or return of the Goods,

you should contact the relevant Vendor using the details made available by the Vendor; and

3. if your enquiry relates to the Laneway (including any problems you experience while using the Laneway), you should contact us in first instance lanewaysupport@melair.com.au

Your licence to access and use the Laneway

The Laneway is provided for your personal, non‑commercial use, unless otherwise approved by us. We hereby grant you a limited, non-exclusive, non-transferable, revocable, royalty-free licence to access and use the Laneway in accordance with these Terms.

Your licence to access and use the Laneway is conditional upon you not:

1. posting or transmitting anything to the Laneway that is (or engage in conduct that is, or could reasonably be considered to be) misleading, fraudulent or unlawful or is otherwise threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable;
2. restricting or stopping other users from using or enjoying the Laneway or the services offered on the Laneway;
3. modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing or licensing any material on the Laneway;
4. posting, submitting or publishing any content to the Laneway that you do not have the right to use or do not own (or which would infringe on anyone else’s rights);
5. using or attempting to use any material published on the Laneway to create any web site or publication;
6. enabling or developing methods, or enabling unauthorised persons, to use the Laneway;
7. making, reproducing, modifying or creating derivative works from the Laneway;
8. purporting to sell, distribute, provide, licence, lease, lend, share or otherwise make available the Laneway, or any related information or analysis of the Laneway, to or with any person;
9. transferring or selling any information, functionality or products or services offered on the Laneway, or represent that you are entitled to do so; or
10. engaging in conduct that is disruptive or detrimental to us or a Vendor (or our or their operations), or that is in any way unlawful.

If we believe that you have not complied with these Terms at any time (or if required to do so by law, or an order of a court or relevant authority), we may immediately cancel or terminate your licence to the Laneway, or restrict your access to and use of the Laneway, and you agree that we may do so without prior notice to you and without liability to you or anyone else. 

Account Management

If you wish to use the Laneway to place an order to purchase Goods, you may elect to create an account with us (Account) (and this will ensure that your information is stored for your future reuse of the Laneway).  Note that you do not need to create an Account in order to browse the Laneway and you also have the option to purchase Goods from a Vendor using a ‘guest checkout’ option.

If you do wish to create an Account you will be required to provide us with certain information such as your name, address, your email address and other contact details (such as your phone number). You must keep this information correct and updated.  When you place an order for Goods, you will have the opportunity to update your relevant information, and you must also provide payment information (such as credit card details) and any other requested information.

Without prior notice and without liability to you or anyone else, we may immediately remove, cancel, terminate or suspend your access to your Account, or otherwise restrict your access to and use of the Laneway, if at any time we believe:

1. your Account has been used in an unauthorised way;
2. you have provided information to us that is inaccurate, not current or incomplete; or
3. you have not complied with these Terms or any other agreement with us,

or for any other reason set out in these Terms.  

When you create an Account, you will be asked to create a password or other secure login details for your Account.  It is your responsibility to keep this information secure. If you believe your Account has been or may be accessed by an unauthorised user, it is your responsibility to update your Account details and to notify us of any potential security breach or fraudulent activity by contacting us at www.lanewaysupport@melair.com.au

You acknowledge and agree that you are solely responsible for all activity that occurs on your Account and will also be responsible for payment of all orders for Goods placed with a Vendor via the Laneway, even if they were placed by an unauthorised third party.

In creating an Account, you warrant and represent to us that:

1. you will protect and keep confidential and secure all information relating to your Account, including your password and any other login details;
2. you are responsible for all actions, communications, enquiries, arrangements and purchases made using your Account; 
3. you are solvent and otherwise able to pay your debts as and when they become due;
4. you will only use the Laneway in compliance with applicable laws;
5. you will not use the Laneway for any fraudulent or unlawful purpose or to cause nuisance, annoyance or inconvenience;
6. you have the legal capacity to be bound by these Terms and form agreements with Vendors (if you are a minor, you represent and warrant that you have permission from your parent or legal guardian to access and use the Laneway, and that they have accepted these Terms on your behalf);
7. all information supplied by you or on your behalf is accurate, current, complete and correct in every respect and, if you provide information about or from a third party to us, you are authorised to do so; and
8. you will inform any person who uses your Account that they are also bound by these Terms (including the warranties).

We may contact you via the Laneway using notifications, or via other communication channels (such as text message or email) if you elect for us to do so.

You acknowledge that use of the Laneway requires internet connectivity and that you are solely responsible for payment of all fees associated with your access to and use of the Laneway.

Orders

You may through the Laneway:

1. place orders with Vendors for Goods (Orders); and
2. enter into contracts with Vendors for the provision of Goods (Order Agreement).

You acknowledge that while the Laneway is designed to facilitate your purchase of Goods, any Goods which are the subject of an Order will be fulfilled by the relevant Vendor, and the purchase of Goods is a transaction between you and the relevant Vendor.  As a condition of placing an Order, you must accept any terms of sale or other requirements stipulated by the relevant Vendor.  Your use of the Laneway does not make us a party to any transaction between you and the relevant Vendor.  Note also that some Goods may have a minimum age requirement (for example, Goods containing alcohol or tobacco) and you must not submit an Order for such Goods if you do not satisfy the minimum age requirement.

Orders are subject to each Vendor’s acceptance in its sole discretion. We are not a party to any Order Agreement, nor are we responsible for completion of an Order, or for any failure by either you or the Vendor to complete an Order.  If you have any issues or questions relating to the Goods (as opposed to your use of the Laneway), you must deal with the Vendor directly.

In particular, please note that we do not provide any warranties with respect to any Goods or information provided by any Vendor and we are not responsible or liable for:

• product liability claims;
• claims in respect of the Goods or any practices arising under consumer protection or similar legislation (including Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth));
• any inaccurate, incomplete or out of date information provided by the Vendor; or
• claims that the offer or sale of Goods fails to conform to any applicable laws or regulatory requirements.

You agree that any Order Agreement entered into via the Laneway must not conflict with your obligations to us under these Terms (and that these Terms will prevail to the extent of any inconsistency with an Order Agreement).

You agree to only browse, and/or make Orders through, the Laneway, and further agree not to bypass or attempt to bypass the Laneway or its integrated payment systems in order to derive a benefit from another person, and if you do so or attempt to do so, you agree that we, in our absolute discretion, may determine that your licence to access and use the Laneway ceases immediately.

Without limiting the operation of any other clause in these Terms, the following terms apply to all Orders:

1. All Goods are subject to availability.  We do not guarantee availability, nor that the price of the Goods is the lowest price at which the Goods are sold (the Vendor is responsible for Goods pricing and Goods availability, and we are merely displaying this information as made available to us by Vendors from time to time);
2. you are responsible for ensuring the accuracy of any information you provide regarding any Order;
3. as between us and each Vendor, all risk in the Order remains with the Vendor at all relevant times;
4. we are not a party to any Order Agreement and are in no way responsible for any breach of an Order Agreement by you or the Vendor, or for any loss, cost, damage, claim, liability (including in negligence), injury, or death arising from or in connection with the formation or performance of an Order Agreement by any person;
5. you must ensure that in using the Laneway or placing an Order you do not breach any applicable law, and you do not cause any other individuals accessing the Laneway to breach any applicable laws; and
6. a breach of an Order Agreement by you may expose you to liability for additional costs, expenses or losses suffered by us or the Vendor that is a party to the relevant Order Agreement.

Payment

When you click the ‘place order’ button on the Laneway or take any other similar steps to confirm an Order, you are committing to purchase the Goods.  You must make all payments due in respect of an Order Agreement:

1. via the third-party payment platform(s) or any other payment methods made available through the Laneway from time to time; and
2. subject to acceptance of, and in accordance with, any third party terms and conditions that may apply in relation to the use of any third party payment platforms or services.

You must not make any payments in addition to the price of the Goods the subject of an Order Agreement, or through any means other than as described above.  You acknowledge and agree that when you make payment, in respect of an Order Agreement, we are accepting payment on behalf of the relevant Vendor.

We are not liable for any loss, cost, damage, expense or claim (including in negligence) you may suffer or incur as a result of your usage of any third party payment platforms or services.

Upon payment for the Order in accordance with these Terms, the Laneway will generate a record of payment for you.

Exchanges, refunds and returns of Goods are controlled and managed by the relevant Vendor and you must contact the relevant Vendor directly for assistance.  You acknowledge and agree that:

1. the Vendor is solely responsible and liable for any Goods related enquiries or customer claims, including in respect of compliance with any applicable laws (including any consumer laws);
2. we are not responsible for the management of any exchanges, refunds, returns or similar issues or complaints related to Goods; and
3. if you are not satisfied with the Goods for any reason, you must deal directly with the Vendor and will be bound by the Vendor’s policies relating to exchanges, refunds and returns.

Reviews

You may rate and review your experience with a Vendor via the Laneway (User Review). User Reviews must comply with these Terms and any of our applicable policies notified by us from time to time. You agree to provide true, fair and accurate information in your User Review.

A User Review must not:

1. be defamatory, dishonest or misleading;

1. contain advertising or any other commercial content;
2. contain any spam;
3. use language or contain any content that is discriminatory, profane, vulgar, obscene, violent, threatening or harassing;
4. purport to originate from a person or entity other than you; or
5. be the subject of consideration provided outside the Laneway or in any way be motivated by a threat or reward by a third party.

We do not verify or review the contents of any User Review and are not responsible or liable for any User Review. In our sole discretion, we reserve the absolute right to amend or remove a User Review.

Loyalty Schemes and Promotions

We may, in our sole discretion, introduce various promotional initiatives that may be redeemed for benefits on the Laneway. We may in our absolute discretion introduce, amend, revoke or determine eligibility for any promotional initiative, and you agree to use the benefits of any such promotional initiative in accordance with the relevant policies as notified by us from time to time. Any credit applied to an Account, or any other features or benefits of, a promotional initiative may be, in our absolute discretion, withdrawn, amended, or cancelled.

Our content

Everything on the Laneway (excluding your content (if applicable)) is either owned by us or is licensed to us.  This includes the design, compilation and look and feel of the Laneway and all copyright, trademarks, designs and other intellectual property on the Laneway.  We or our licensors also own the trade marks, logos and trade names displayed on the Laneway (unless otherwise stated).

You must not copy, reproduce, adapt, transmit or distribute any of our content or use any of our intellectual property in any way not expressly stated in these Terms (or otherwise allowed by law).

Our responsibilities

We do our best to ensure that content and information on the Laneway is current and accurate.  However, we do not represent or warrant that any content or information accessible via the Laneway is accurate, complete, reliable, current or error-free (including but not limited to information regarding the Goods (including pricing), description of Goods or availability and you acknowledge that such content and information is subject to change without notice.

Any prices shown on the Laneway are in Australian dollars unless otherwise specified.

We will use reasonable efforts to ensure the Laneway is available 24 hours a day, seven days a week. However, sometimes the Laneway (or parts of the Laneway) may be unavailable while we conduct maintenance, or for technical or other reasons. We’ll try to give you notice before any planned outages, and keep interruptions to a minimum, but we are not responsible for any delay, loss or other damage you may suffer as a result of any error or interruption in accessing or using the Laneway. 

Your personal information

The personal information you provide to the Laneway must be accurate and complete.

Our Privacy Policy is incorporated into and forms part of these Terms.  Any personal information you provide to the Laneway will be collected, used and stored by us in accordance with our privacy policy.  We may update our Privacy Policy from time to time, with the most current version being published at https://www.melbourneairport.com.au.

By accessing and using the Laneway, you consent to us collecting, storing and using your personal information in accordance with our Privacy Policy.  If you do not agree to this, you should cease using the Laneway.

Any personal information which you submit to a Vendor will be subject to the Vendor’s applicable privacy policy.

Security

We have taken reasonable steps to make the Laneway secure.  You must not violate or attempt to violate the security of the Laneway.  You must not:

1. access data or any part of the Laneway that is not intended for you or which you are not authorised to access;

1. pretend that you are or represent someone else;
2. probe, scan or test a system or network to breach security or authentication measures;
3. access, acquire, copy or monitor any content without our authorisation;
4. act in a manner that could introduce viruses, worms, malicious software or other risks to the Laneway, our services, our systems or those of any other person;
5. act in a manner that could cause Melbourne Airport or a Vendor to be in breach of any law;
6. impose an unreasonable load on our systems or networks; or
7. attempt to obtain goods or services to which you are not entitled.

Cookies

The Laneway uses cookie technology in order to provide information and services to website visitors. Cookies are pieces of information that a website transfers to your computer's hard disk for record keeping purposes and are a necessary part of facilitating online transactions.  Most web browsers are set to accept cookies.  Cookies are useful to estimate our number of users and determine overall traffic patterns through our website.  

If you do not wish to receive any cookies you may set your browser to refuse cookies, however you will not be able to take full advantage of the services available on our website or otherwise use all features of the Laneway.

Our liability to you

To the maximum extent permitted by law, we exclude all liability and responsibility for loss, cost or damage of any kind, including without limitation, indirect or consequential damages (such as loss of profits, loss of goodwill, loss of opportunity, loss of value and loss of revenue), or any damages whatsoever arising from your use of the Laneway or any of its content (which is entirely at your own risk and responsibility). 

To the maximum extent permitted by law and subject always to your rights under the Australian Consumer Law (Schedule 2 of the Consumer and Competition Act 2010), the Laneway is provided to you on an "as is" basis.  Except as otherwise expressly set out in these Terms, all express or implied guarantees, warranties or representations relating to these Terms or its subject matter are excluded. If any guarantee, warranty or representation is implied into these Terms and cannot be excluded at law but can be limited, then our liability for breach of such guarantee, warranty or representation is limited to (at our election), to the re-supply of the Laneway service, or payment of the cost of re-supply of the Laneway service.

Note that the foregoing relates to the consumer rights in respect of your use of the Laneway only, and does not relate to consumer rights in respect of the actual Goods, which if applicable must be claimed directly against the relevant Vendor.  As a consumer purchasing goods or services from Vendors, you are entitled to certain rights and consumer guarantees under the Australian Consumer Law which cannot be excluded, restricted or modified and nothing in these Terms excludes such rights.

We do not promise that:

1.  the Laneway will operate without interruption, errors, defects, bugs, viruses or any other harmful components;
2. any defects appearing on the Laneway will be corrected;
3. external or third party systems connected via integrations will at all times be functional;
4. all features of the Laneway will be at all times available;
5. content contained on the Laneway is accurate, up to date, appropriate or complete in all respects; or
6. the Laneway will meet your needs.

You acknowledge and agree that the availability of the Laneway is dependent upon the inputs of various third parties, including hosting providers and access to the Laneway may be affected by the availability of such inputs.  Under no circumstances will we be liable to you for any delay, interruption or unavailability of the Laneway.

Our maximum liability to you for any matter which cannot otherwise be excluded in accordance with these Terms is $10.

Your liability to us

To the maximum extent permitted by law, you acknowledge and agree that you are liable and solely responsible for:

1. your use (or misuse) of the Laneway, and any information gained through the Laneway;

1. any Order or Order Agreement;
2. any content you submit via the Laneway;
3. your breach of our or anyone else’s intellectual property rights;
4. your breach of these Terms;
5. your breach of any Order Agreement; and
6. your breach of any applicable law.

You agree to indemnify us (including our officers, employees and agents) from and against any and all claims, liabilities, costs, expenses (including legal fees on a full indemnity basis) suffered or incurred by any of us and arising in any way from any of the matters set out in items 1 – 7 above.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.

Disputes

Other than as expressly provided for in these Terms, we do not accept any responsibility, and disclaim any and all liability, in connection with any dispute that may arise between you and a Vendor or any complaint in relation to the Goods.  You acknowledge and agree that we are not obliged to intervene in any matter, enquiry, discussion or dispute between you and a Vendor.  We may however, in our discretion, seek to facilitate a resolution to a dispute between you and a Vendor, where reasonable and appropriate for us to do so. 

If you have a dispute or complaint against us in relation to your use of the Laneway (Dispute), then the following will apply (and neither of us may commence court proceedings until the below is exhausted):

1. you must first notify us of the nature of the Dispute in writing via lanewaysupport@melair.com.au;

1. we will, to the extent reasonably possible, consider and respond to your notice of Dispute within a reasonable period of time;
2. you must respond to any communication from us in respect of the Dispute as soon as possible, including providing any additional information or material that we may reasonably require;
3. we will use best efforts to resolve the Dispute in a timely manner; and
4. if the Dispute is not resolved within 90 days of us first receiving notice of the Dispute, we will instruct the Resolution Institute to appoint an independent mediator to resolve the Dispute by mediation and the parties must participate in the mediation in good faith and equally share the costs of the mediation.

Changes

We may from time to time make changes to these Terms, and any updated or amended Terms will apply from the date on which the amended Terms are published.  It is your responsibility to ensure that you review any updated Terms when you visit our website.  Your continued use of the Laneway indicates your acceptance of the updated Terms. 

Governing law

These Terms are governed by and construed in accordance with the laws in force in the State of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia and any courts which may hear appeals from those courts.

Investigations

If we consider there are reasonable grounds for suspecting illegal or unacceptable usage of the Laneway (or services offered on the Laneway), we may take such action as we deem appropriate in the circumstances, including (without limitation) co-operating fully with Commonwealth and State authorities investigating unlawful activity or behaviour.

General

If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision is deemed severed and where capable, the validity and enforceability of these Terms is not affected.

You may not assign or transfer any of your rights or obligations under these Terms.  We may assign or transfer our rights or obligations under these Terms at any time without restriction and without providing your notice or obtaining your consent.  In such circumstances, we may transfer or assign your personal information as provided by you to us, subject to the terms of our Privacy Policy.

These Terms are the entire agreement between you and us regarding its subject matter.

The Laneway is controlled and offered by us from Victoria, Australia.  We make no representation that the Laneway is appropriate or available for use in other locations.  Those who access or use the Laneway from other jurisdictions do so at their own risk.

Last updated: August 2022