These terms and conditions of use, together with the policies, notices and disclaimers referred to below (Terms), govern your use of the services at www.westfield.co.nz (Site).
By accessing the Site you acknowledge these Terms and agree to be bound by them. We do not take responsibility for sites of other organisations, whether or not linked, or any device used to access or view our Site. The Site has been prepared in accordance with New Zealand Law.
1. ABOUT THE SITE
The Site is operated by Scentre Digital Pty Limited, ACN 141 708 125, Level 30, 85 Castlereagh St, Sydney, 2000 an indirectly wholly owned subsidiary of Scentre Group Limited ACN 001 671 496. The Site is updated by Scentre (New Zealand) Limited, together with its subsidiaries. We collectively refer to these entities in these Terms as "us", "we" or "Scentre".
The Site is an online venue which allows users to do a number of activities, including sign up to be members, to view shopping centre and retailer information and click through to the websites of some individual retailers and partners participating in the Site (Participating Retailers and Participating Partners). In addition to these Terms, you should also refer to the terms and conditions of each Participating Retailer and Partner as these terms govern interaction with Participating Retailers and Partners.
2. ACCESSING THE SITE
Access to the Site is not provided on a continuous, uninterrupted or permanent basis. Not all sections of the Site can be accessed by all users of the Site. Scentre reserves the right to withdraw or amend the service we provide on the Site without notice. Scentre will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, Scentre may restrict access to some parts of the Site, or the entire Site, to users who have registered with us as members. When you register, you are required to provide Scentre with information about yourself which is true, accurate, current and complete in all respects. Scentre may change registration requirements from time to time at its complete discretion. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Scentre has the right to disable any user identification code or password, whether chosen by you or allocated by Scentre, at any time, if in Scentre’s opinion you have failed to comply with any of the provisions of these Terms.
3. SITE MEMBERSHIP
When you sign up to become a member of the Site, enter any competitions on the Site, or subscribe to Westfield New Zealand shopping centres email newsletters, you will provide us with certain personal information. Your personal information may be used for providing you with news, offers and information about the Site, the Scentre Group Westfield New Zealand shopping centres and promotions run by the Scentre Group Westfield New Zealand shopping centres as well as for the purposes set out in section 12 of these Terms.
4. PRICES & TAXES
Prices displayed on the Site are in New Zealand dollars ($). Prices displayed on the Site are inclusive of GST on the sale, (if any).
You are responsible for the payment of any and all taxes, duties, charges, imposts or other liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, any additional GST payable or any value added tax imposed on any products or services acquired or ordered by you from the Site. The Site is designed for use by New Zealand residents, and we require all Participating Retailers to provide an estimate of any such liabilities on the assumption that you are a New Zealand resident.
5. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Scentre is the copyright owner of the content of the Site or is licensed by the copyright owner to use the content on the Site. Except as permitted by the Copyright Act 1994, you must not in any form or by any means:
- copy, issue copies, or adapt (by recording in writing or otherwise), works from any information or material on the Site;
- perform, play, show or communicate in public in any form by any process (including sound recording or filming by an apparatus for receiving visual images and sounds) any of the information or material on the Site without obtaining from Scentre specific prior written consent ;
- alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Site which can be accessed through the Site; or
- use or apply, for commercial purposes any material or information on the Site, without obtaining prior written consent from Scentre.
All trademarks, brands and names appearing on the Site are the property of their respective owners. Nothing contained on the Site is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.
6. LINKS AND THIRD-PARTY STATEMENTS ON THE SITE
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. To the extent any permission has been granted to link to the Site, we reserve the right to withdraw linking permission without notice.
The Site may provide links to other independent websites not maintained, controlled by, or associated with, Scentre, including those of Participating Retailers and Partners. Scentre makes no endorsements, representations or warranties about any other website which you may access through the Site, including those of Participating Retailers and Partners (Other Website). Any link to an Other Website is provided as a convenience to users of the Site. Other Websites are not controlled by Scentre and Scentre Group does not monitor or review the content of any Other Website and is not responsible for the accuracy of any information on any Other Website.
Scentre will not routinely monitor or review statements made by persons other than members of the Scentre Group (Third Parties) on the Site. Third Parties may post statements or information on some portion of the Site, from time to time Scentre has the right at all times to remove any Third Party Posted Material from the Site or to edit any Third Party Posted Material, including in response to complaints received in relation to that material. Scentre makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. Scentre expressly disclaims any liability to you for all Third Party Posted Material. Subject to any liability which cannot be excluded by law, Scentre is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of the Site, the use of any other hyper linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Scentre has been expressly advised of the possibility of such loss or damages.
You must indemnify and keep indemnified Scentre in respect of all loss and expense suffered by you as a result of Third Party Posted Material or any Other Website, or both.
While Scentre takes appropriate technical and organisational measures to safeguard the personal data that you provide us, no transmission over the internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the Internet to Scentre or its payment gateways.
If you are using a computer or terminal in a public location, Scentre recommends that you always log out and close the website browser when you complete an online session for your security. In addition Scentre recommends that you take the following security measures to enhance your online safety:
- Keep your account passwords private.
- When creating a password, use at least 6 characters. A combination of letters and numbers is best. Do not use dictionary words, your name, email address, or other personal data that can be easily obtained. Scentre also recommends that you frequently change your password. You can do this by going to ‘My Account’ and clicking ‘Change password’.
- Avoid using the same password for multiple online accounts.
Scentre will never ask you to confirm any account or credit card details via email. If you receive an email claiming to be from Scentre asking you to do so, please ignore it and do not respond.
8. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to our Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
If we become aware that you have breached any law in connection with your use or access of this Site, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
Scentre does not represent that any information (including any file) obtained from or through the Site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Scentre will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information or due to your use of the Site or any Other Website. Where liability may be imposed on Scentre, to the extent permitted by law it shall be limited to the cost of re-supplying that information.
Scentre updates the Site as often as is practicable, but information can change rapidly and we do not guarantee its accuracy at any time. We are not liable for any loss incurred from relying on this site, including data corruption on download. Information on our site is not financial advice - you should obtain advice before making any decision based on information on this Site.
By using the Site, you agree that your access to, and use of, the Site is subject to these Terms and all applicable laws, and is at your own risk. While the information and material contained on the Site is believed to be accurate and current, it is provided by Scentre in good faith on an “as is” basis, and Scentre (including all related entities of Scentre and the directors, officers and employees of the Scentre group) accepts no responsibility for and makes no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site. Any reference to products or services on the Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Scentre.
Scentre expressly disclaims any implied or express warranties or conditions of any kind, including non-infringement of intellectual property rights relating to information or materials accessible from or on the Site.
Scentre shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the Site or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Scentre is expressly advised of the likelihood of such loss or damage.
To the extent (if any) that the content of the Site does not satisfy the laws of a country other than New Zealand, it is not directed to persons in those countries and they should not use the Site.
You should not send any information or material that you consider to be confidential or proprietary, to Scentre or any other person, through the Site. Any information or material sent to Scentre at, or through the Site, is deemed to be not confidential. You are deemed to grant to Scentre an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through the Site. Scentre is free to use any ideas, concepts, know-how or techniques that you send to Scentre, for any purpose.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. APPLICABLE LAW
These Terms shall be governed by, construed and enforced in accordance with the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
The Site may be accessed throughout New Zealand and overseas. Scentre makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access the Site from outside New Zealand you do so at your own risk and are responsible for complying with the laws in the place where you access the website.
15. ALTERATIONS TO TERMS
Scentre may revise or alter these Terms at any time. Revisions and alterations will be posted on the Site. Users are responsible for reviewing the Site from time to time to ensure compliance. If Scentre makes a request to you to stop using the Site or to promptly return or destroy copies of information provided on the Site, you must immediately comply with that request, and confirm in writing to Scentre within five (5) business days after that request, that you have done so.
16. FEEDBACK AND COMPLAINTS
You can contact us about questions or comments about the Site on +64 9 978 5050 or free calling 0800 937 8343 Monday - Friday 9:00AM - 5:00PM NZT or by email to firstname.lastname@example.org. Complaints about a specific Participating Retailer, Participating Partner or product must be directed to the Participating Retailer or Partner concerned through the contact details provided on the email that you receive confirming that your order is being processed, for resolution directly with them. Scentre has no obligation to help resolve disputes with Participating Retailers or Partners.
17. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between you and Scentre and supersede any prior agreement, understanding or arrangement between you and Scentre, whether oral or in writing.
Current as at 15 October 2015