Current as at 15 October 2015
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
WESTFIELD PLUS MEMBERSHIP, APP AND ASSOCIATED SERVICES – AU & NZ
Current as at 18 February 2020
PLEASE READ THESE TERMS AND CONDITIONS FOR THE WESTFIELD PLUS MEMBERSHIP, APP AND ANCILLARY SERVICES CAREFULLY BEFORE USING THEM.
These Terms and Conditions govern how you as the user (You, Your or User) may create a Westfield Plus Membership and use the Westfield Plus App and each parties’ rights and responsibilities. These Terms and Conditions also include terms that relate specifically to your use of other services which you can use or access through the Westfield Plus App, including Ticketless Parking, Valet Parking, Westfield Digital Gift Cards and Reservations (the Services). The Westfield Plus App is owned and operated by Scentre Digital Pty Limited (ACN 141 708 125) (Us, We, Our or Scentre) for use in Australia and New Zealand.
You should carefully read these Terms and Conditions before you create a Westfield Plus Membership and sign up to use, or otherwise access, the Westfield Plus App in Australia or New Zealand. You should also read all other terms that relate to the Services before you use them through Your Westfield Plus Membership and the Westfield Plus App.
If You DO NOT agree to these Terms and Conditions and all terms relating to the Services, You must NOT create a Westfield Plus Membership or sign up to, use or otherwise access, the Westfield Plus App.
1. WESTFIELD PLUS MEMBERSHIP
1.1. Creation of Your Westfield Plus Membership
1.1.1. In order to access the Westfield Plus Mobile Application (the App), You will need to create a Westfield Plus Membership with Us (Membership). To create a Membership, You will need to enable location services on Your device (see the FAQs for an explanation of why We need this information) and submit Your email address to us (Minimum Requirements). You agree to keep and maintain accurate, complete and up-to-date information that You may provide to Us regarding your Membership.
1.1.2. Once You create a Membership, You are deemed to have accepted these Terms and Conditions and You will be issued with a confirmation email confirming Your Membership.
1.1.3. You must only create and use a Membership if You are at least sixteen years of age and for Your own personal, non-commercial use in Australia or New Zealand. You agree that You will only create and maintain one Membership at any given time. You agree to provide an authorised form of identification in order to verify Your identity if required by Us.
1.1.4. We may decide to change the Minimum Requirements, or accept or reject the creation of a Membership, at Our discretion at any time and for any reason.
1.2. Payment for Services
1.2.1. Please refer to the terms of the relevant Service for details of payment options.
1.2.2. Any reference to dollars in the App or Your Membership is a reference to Australian dollars if You are using the relevant Service in Australia or, alternatively, New Zealand dollars if You are using the relevant Service in New Zealand. Please refer to our Privacy Statement for information about how we determine and use Your location.
1.2.3. You are responsible for the payment of all fees for Services consumed relating to Your Membership. Fees are as advertised in the App and in Centre. If there is an inconsistency in fees, those displayed in Centre take precedence.
1.3. Use of Your Membership
1.3.1. You may not assign or otherwise transfer Your Membership to another party or permit Your Membership details to be used or transferred to any other person.
1.3.2. You agree to only using Your Membership for lawful purposes and that You will not use it to cause nuisance, annoyance, inconvenience to, or otherwise harass, anyone.
2. WESTFIELD PLUS APP
2.1.1. Before You can use the App, You must accept these Terms and Conditions. Where You access or use the App, you agree to be bound by and comply with these Terms and Conditions.
2.2. Device Permissions
2.2.1. Where We offer features that require additional information from Your mobile device, such as Your location, We will ask Your permission to enable these device features in the App. Should You wish to change these permissions at any time, this can be done in Your device settings. By agreeing to enable these permissions, You agree that We may use the data and information to provide the Services to you as set out in the Westfield Plus Privacy Statement. Further information on why We ask for these permissions can be found in the Westfield Plus FAQs.
2.3.1. We grant You a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to use and access the App in Australia or New Zealand on your personal mobile device, including any content, information and related material that may be made available through the Services or the App, solely for the purposes of accessing and using your Membership and the Services.
2.4. Intellectual Property
2.4.1. We are the owner the App, including the content within in it, or are otherwise appropriately licensed to use and provide the App and its content. Except as permitted by law, You must not in any form or by any means:
22.214.171.124. copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the App;
126.96.36.199. perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on the App without Our specific prior written consent;
188.8.131.52. alter, decompile, disassemble, reverse engineer or modify the App or any information or material you receive or access through it; or
184.108.40.206. use or apply, for commercial purposes any material or information on the App without Our prior written consent.
2.4.2. All trademarks, brands and names appearing on the App are the property of their respective owners. Nothing contained in the App is intended to grant any express or implied right to You to use or exploit any patent, copyright, trademark or trade secret information. No trademarks, brands or names, including as part of domain names or email addresses, may be used in any manner that is likely to cause confusion.
2.5. System Requirements and Security
2.5.1. Use of the App requires a mobile device with internet access and certain software, and may require obtaining updates or upgrades from time to time. By accepting these Terms and Conditions, You acknowledge and agree that adhering to and maintaining system requirements are Your responsibility, including any associated fees. Please refer to our Westfield Plus FAQs. for further details.
2.5.2. You should follow all security instructions, guides and suggestions issued to You by Your mobile device’s manufacturer or system provider. You are liable for ensuring Your mobile device is locked and encrypted at all times, as well as installing all security and system updates as recommended or provided to You from time to time by Your mobile device’s manufacturer or system provider.
2.5.3. If You choose, or You are provided with, a user verification code or any other piece of information as part of Our security procedures when accessing Your Membership, You must treat such information as confidential and You must not disclose it to any third party. We have the right to disable any user verification code, whether chosen by You or allocated by Us, at any time, if in Our opinion You have failed to comply with any of the provisions of these Terms and Conditions.
2.5.4. We use internet standard encryption technology to encode Personal Information and other data that you provide to Us through the App. Whilst We take appropriate technical and organisational measures to safeguard Personal Information and other data that You provide to Us, You acknowledge that no transmission through the App and over the internet can ever be guaranteed as secure.
2.6. Liability and disclaimer
2.6.1. The App is provided to You on an “as is” and “as available” basis. You acknowledge that the internet can be an unstable and, sometimes, insecure marketplace. At times the App and, consequently, Services consumed in connection with the App, may not be available or online payments may not be successfully processed or may not be accepted for technical or other reasons beyond Our control. In these circumstances, We accept no responsibility and, where required, You will be liable to pay manually for Services consumed.
2.6.2. We do not warrant or guarantee and cannot ensure:
220.127.116.11. the security of any information which you transmit to Us or Our third party providers through the App, including the payment gateway, while it is in transit. Accordingly, any information which you transmit to us, including your credit card details, is transmitted at Your own risk; and
18.104.22.168. the App or Services, or any portion of them, may function with your particular mobile device or software.
2.6.3. Except for any warranties or liabilities which cannot be excluded by law, We expressly disclaim any implied or express warranties or conditions of any kind.
3. WESTFIELD PLUS SERVICES
3.1.1. You may access the below Services at any time through your Membership and by using the App for Your own personal, non-commercial use. Where indicated, You may also need to activate other features or download other related applications in order to fully utilise some Services.
3.1.2. Your use of the Services are governed by the relevant terms set out below in addition to the remainder of these Terms and Conditions.
3.1.3. Services and related Member Service Benefits may be as advertised in the App or in Centre and may vary from Centre to Centre. Services, including their availability, and related Member Service Benefits are subject to change without notice at any time.
3.2. Ticketless Parking
3.2.1. Use of Ticketless Parking
22.214.171.124. In order to receive any Member Service Benefit relating to parking, You will be required to add Your vehicle’s number plate to Your Membership profile. You may add up to two (2) number plates to your Membership profile.
126.96.36.199. Once Your number plate has been added to Your Membership profile, that number plate will be eligible to receive a Member Service Benefit when it is in a Car Park that offers Member Service Benefits, even if someone other than You parks the vehicle at a Centre.
188.8.131.52. Each time one of the vehicles linked to Your Membership enters and/or exits a Car Park, You agree to pay all applicable parking fees at a pay station or exit gate before the vehicle exits. In the event You have added a credit card to Your Membership, You agree We may debit any applicable fees from that credit card in accordance with these Terms and Conditions. You will otherwise be liable for all applicable parking fees and charges incurred by any vehicle linked to your Membership, even if someone other than You parks the vehicle at a Car Park.
184.108.40.206. If a vehicle registered against Your Membership profile is lost or stolen or sold, please remove the vehicle from Your profile details immediately, or notify Us and We will remove it for You. You will be liable for any fees incurred while the vehicle remains linked to Your Membership profile.
220.127.116.11. You are not permitted to exit and immediately re-enter the Car Park to avoid paying applicable parking fees. Please refer to the terms and conditions on display at the Centre to check the minimum time period that you must leave the carpark for if you wish to qualify for, and receive, an additional free parking period on any given day.
18.104.22.168. Length and location of any previous visits on a given day may be accumulated to determine any liability for both retail staff and contractor parking rates and standard public parking rates, as applicable, along with any applicable free parking period or any other parking-related Member Service Benefit.
22.214.171.124. Any free parking periods or other parking-related benefits may or may not be applied by Us where you have breached these Terms and Conditions, or as otherwise determined by Us in our sole discretion and acting reasonably.
126.96.36.199. In addition to these Terms and Conditions, You agree that your use of the relevant Car Park is subject to any applicable conditions of entry and any other signage displayed in the Car Park from time to time, and directions given by Us whilst you are using the Car Park. Where there is any inconsistency between these Terms and Conditions and any applicable conditions of entry and any other signage displayed in the Car Park, those conditions of entry and any other signage will take precedence.
188.8.131.52. You can choose to pay for Ticketless Parking automatically by adding a credit card to Your Membership profile as a parking payment method. Your credit card will be stored and retained by Us and Our third party providers for future transactions. If You do not add a payment method to Your Membership, You are choosing to pay any applicable Ticketless Parking fees in accordance with 184.108.40.206.
220.127.116.11. If You choose to pay for parking automatically as set out in clause 18.104.22.168,You:
a) warrant to Us that You are an authorised signatory to the credit card;
b) authorise Us to debit any fees payable and associated with Your use of Ticketless Parking, as set out in these Terms and Conditions;
c) are liable for ensuring that there is sufficient credit on Your credit card in order to pay such fees; and
d) are responsible for notifying Us of Your eligibility for any Member Service Benefits accessed through Your Membership including, but not limited to, parking discounts which affect automatic charges to your credit card. Such notification must be provided in person at the Centre.
a) the credit card linked to Your Membership profile expires, is suspended or declined;
b) You close the associated Membership; or
c) You have not updated Your Membership with a new credit card;
You agree that You will otherwise be liable to pay manually for Ticketless Parking services consumed using Your Membership. You also agree to make such manual payment in the event that We are unable to process payment using the stored credit card for any other reason, including in the event of a technical error or if there is insufficient funds.
22.214.171.124. If You believe there has been an error in debiting the nominated credit card, You must contact us as soon as possible and we will undertake all reasonable endeavours to rectify incorrect charges.
126.96.36.199. If We incorrectly credit an amount to the nominated credit card, You authorise us to recover the amount from the nominated credit card as a charge under these Terms and Conditions.
188.8.131.52. We reserve the right to charge You a merchant services fee, as advised by Us, for using Your nominated credit card to make payments in accordance with these Terms and Conditions.
3.2.3. Mobility Parkers
184.108.40.206. At certain Centres, You may be entitled to discounted parking rates if You have a valid mobility parking permit. In order to receive these parking rates through the App, You must first create a Membership and add Your number plate to Your Membership profile.
220.127.116.11. You must then visit the concierge desk at the relevant Centre with Your current drivers licence and Your valid mobility parking permit. Once this has been verified and Your Membership profile updated, You will receive discounted parking rates at that Centre. In the event Your mobility parking permit is nearing expiry, You must visit the concierge desk with Your new permit so Your Membership profile can be updated and You can continue to receive the discounted parking rates.
3.2.4. Retailer and Contractor Parkers
18.104.22.168. At certain Centres, retail staff and contractors may be entitled to discounted Ticketless Parking rates. In order to receive these discounted rates through the App, You must first create a Membership and add your number plate to your Membership profile. You must then visit the concierge desk at the relevant Centre with Your drivers licence and proof of employment (being Your employment contract or recent payslip). Once this has been verified and Your Membership profile updated, You will receive discounted Ticketless Parking rates at that Centre.
22.214.171.124. If You are a retail staff parker who is entitled to access the discounted Ticketless Parking rates pursuant to 126.96.36.199 , You must park in the designated retail staff parking areas in a vehicle that is linked to Your Membership profile. All retail staff parking areas operate on a first in, first served basis and availablity is not guaranteed. In the event that retail staff
parking areas are full, You are required to either find alternative offsite parking or park in public areas of the Car Park. The designated retail staff parking area may change from time to time (including relocation to off-site locations).
188.8.131.52. If You are a retail staff parker and park in public areas of a Car Park under any circumstances, standard Ticketless Parking rates will apply. If You are a contractor parker, You can park anywhere in the Car Park and still receive discounted parking.
184.108.40.206. We may vary the retail staff parking rates at Our discretion by giving You (1) months’ notice of the new rates. We may give such notice via email to You at the email address provided to Us in Your Membership profile or advertise in-Centre.
220.127.116.11. Retail Staff parking benefits are not transferable and You must notify Us of the cessation of Your employment at a Centre.
18.104.22.168. If You have not used Your retail staff parking designation by parking in a retail staff designated area in the Car Park at least once in a period of 60 consecutive days, Your retail staff designation may be suspended until You notify Us of its resumed use and, if required by Us, verify Your employment in accordance with clause 22.214.171.124.
126.96.36.199. Retail staff or contractor parkers engaging in fraudulent activity (as reasonably determined by Us) including “sneak throughs” or “tailgating” and / or using their parker designation for non-work related purposes may have their parker designation cancelled without notice.
3.2.5. Permanent Parkers
If You are a permanent parker, you should refer to Your signed permanent parking agreement for details in relation to fees and additional terms and conditions which specifically apply to You.
3.3. Valet Parking
3.3.1. Use of Valet Parking
188.8.131.52. In select Centres, We may offer Valet Parking services. Where You elect to use this Service, We will require You to provide Your mobile phone number on arrival in order for Us to provide the Service and activate the Valet Parking functionality on Your Membership.
184.108.40.206. In addition to these Terms and Conditions, You agree that Your use of Valet Parking is subject to any applicable conditions of entry and any other signage displayed in the Car Park from time to time, and directions given by Us whilst you are using Our Car Park.
220.127.116.11. You agree to pay for Valet Parking services upon retrival of Your vehicle by Us at Your request by using a payment method at the service desk.
18.104.22.168. If You believe there has been an error in debiting the nominated credit card, You must contact us as soon as possible and we will undertake all reasonable endeavours to rectify incorrect charges.
22.214.171.124. If We incorrectly credit an amount to Your credit card, You authorise us to recover the amount from Your credit card as a charge under these Terms and Conditions.
126.96.36.199. We reserve the right to charge You a merchant services fee, as advised by Us, for using Your credit card to make payments in accordance with these Terms and Conditions.
3.4.1. At select retailers in Centre, including Restaurants, You may be able to make dining reservations and other types of bookings. You will be automatically redirected out of the App to a third party site to carry out this request. We have no responsibility or liability for such third party sites. You are responsible for reading and agreeing to all applicable terms and conditions governing your use of those sites.
3.5. Westfield Digital Gift Cards
Your use of a Digital Gift Card is governed by the Westfield Digital Gift Card Product Terms and Conditions, and any applicable terms of Your mobile wallet provder. Your use of a Digital Gift Card means that you accept those terms and conditions.
The following terms apply to Your Membership, the App and the Services.
In these terms, the following definitions apply:
4.1.1 Apple Pay means the mobile payment and digital wallet service provided by Apple, Inc. which facilitates payments through an eligible Apple mobile device;
4.1.2 Car Park means a specified location for parking vehicles that is operated by Scentre Group or its designated parking provider;
4.1.3. Centre means a Westfield Centre owned and operated by Scentre Group;
4.1.4. Digital Gift Card means a Westfield-branded gift card in a digital form that is available through the App and used via Apple Pay or Google Pay on a compatible mobile device.
4.1.5. Google Pay means means the mobile payment and digital wallet service provided by Google LLC which facilitates payments through an eligible android mobile device;
4.1.6. Member Service Benefits means certain discounts and other benefits, such as free parking periods and discounted rates or special offers, provided to You by virtue of Your Membership;
4.1.7. Mobile Wallet Provider means a third party provider, including Apple Inc. and Google LLC, which provides an online service which permits a user to make payments electronically using an eligible mobile device;
4.1.8. Restaurant means a participating dining retailer in a Centre;
4.1.9. Scentre Group means means Scentre Shopping Centre Management Pty Limited (ACN 000 712 710) in Australia or Scentre Shopping Centre Management (NZ) Limited (NZBN:9429038156342) in New Zealand (in each case, the Manager), each of the Manager’s related bodies corporate, each person with whom the Manager or any of its related bodies corporate is in joint venture or partnership, and each entity, trust, partnership or fiduciary arrangement (including each managed investment scheme) of any nature of which the Manager or any of its related bodies corporate has been, is or becomes the trustee, manager or responsible entity including, without limitation, Scentre Group Trust 1, Scentre Group Trust 2 and Scentre Group Trust 3;
4.1.10. Ticketless Parking means parking services provided by using Your vehicle’s number plate for the purposes of collecting payment for the period of time Your vehicle has occupied a parking space at a Car Park; and
4.1.11. Valet Parking means parking services provided to You where Your vehicle is parked and retrieved by Us or Our nominated provider.
4.2.1. You may close your Membership with Us at any time by attending a concierge desk at a Centre or sending Us an email and requesting to terminate Your Membership.
4.2.2. We may immediately terminate Your Membership or cease providing Services to You if:
4.2.3. You have breached these Terms and Conditions or have otherwise used Your
Membership or the Services for an illegal or improper purpose; or
4.2.4. We determine to cease offering Memberships and / or any of the Services (in whole or in part) for any reason.
4.3. Liability and disclaimer
4.3.1. You are solely liable for all activities which occur pursuant to Your Membership and the Services You consume. You must notify Us immediately if You become aware of any unauthorised use of Your Membership.
4.3.2. To the extent permitted by law, We are not liable to You for any damage resulting from:
188.8.131.52. use of or reliance on the materials or information on the App; or
184.108.40.206. Your inability to use or access the App or the Services.
4.3.3. Except as otherwise set out in these Terms and Conditions or as agreed by Us in writing and to the extent permitted by law, neither party will be liable or responsible for any indirect, consequential or economic loss, or incidental or punitive damages, however arising, suffered by either party under or in connection with Your Membership, the App and the Services, or these Terms and Conditions, except to the extent such loss, damage, liability or claim is directly caused by the non-breaching party’s negligent act or omission.
4.3.4. We do not warrant, guarantee or represent that the Membership, including Member Service Benefits, the App or any Services will be available on a continuous basis or at any particular Centre.
4.3.5. You agree to indemnify and hold Us and Our affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees), arising out of or in connection with:
220.127.116.11. Your use of Your Membership, the App and the Services; and
18.104.22.168. Your breach or violation of any of these Terms and Conditions.
4.3.6. The limitations and disclaimer in this clause 4.4, or as otherwise set out in these Terms and Conditions, do not purport to limit liability or alter Your rights as a consumer that cannot be excluded under applicable law.
4.4. Privacy and Your Personal Information
4.5.1. Authority: You represent and warrant that you have full power to enter into and perform your obligations under these Terms and Conditions.
4.5.2. Compliance with law: We both agree, at all times, to comply with all applicable governing laws as they relate to the App, your Membership and the Services. Nothing in these Terms and Conditions is intended to exclude, restrict or modify any provisions of any legislation which may not be excluded, restricted or modified by agreement.
4.5.3. Amendments: We may, in Our absolute discretion amend, vary, or replace these Terms and Conditions at any time (effective immediately) without giving a reason by posting any amendments, variations or replacement terms and conditions on Our website at or in the App via the ‘Terms’ item in the main menu. You will be bound by the amended, varied or replaced terms and conditions until you close Your Membership.
4.6.4. Assignment: We may assign, novate or otherwise deal with any of our rights or obligations under these Terms and Conditions without obtaining Your consent.
4.5.5. No Waiver: If We fail at any time to insist upon strict performance of any of your obligations under these Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under these Terms and Conditions, this will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations. A waiver by Us of any default does not constitute a waiver of any subsequent default. No waiver
by Us of any of these Terms and Conditions is effective unless it is expressly stated to be a waiver and is communicated to You in writing.
4.5.6. Governing law: If Your use of the App or Services occurs in Australia or New Zealand, as reasonably determined by Us based on the Your device’s location information, We both agree to be bound by the laws of New South Wales, Australia or the laws of New Zealand, respectively. We both agree to submit to the exclusive jurisdiction of courts exercising jurisdiction those respective regions.
4.5.7. Entire Agreement: These Terms and Conditions and any document or other terms expressly referred to in them represent the entire agreement between you and us relating to the App, Your Membership and the Services and supersede any prior agreement, understanding or arrangement whether oral or in writing.
Current as of 28 April 2020
1.1. For the purposes of these terms and conditions:
1.1.1. “Order” means an order placed by You with a Retailer using Westfield Direct;
1.1.2. “Pick-Up Point” refers to the drive-thru collection point, as nominated by Us from time to time, where You collect Your Order from;
1.1.3. “Retailer” refers to the merchant offering and providing the goods for sale and purchase through Westfield Direct;
1.1.4. “Retailer Terms” means the terms and conditions, including refund and returns policies, as maintained and determined by the Retailer in relation to any goods they offer, including goods forming an Order;
1.1.5. “Westfield Direct” refers to the website operated by Us for the purpose of facilitating Orders for goods placed by You with a Retailer;
1.1.6. “We”, “Us”, “Our” or “Westfield” refers to Scentre (New Zealand) Limited NZBN 9429038137518 together with its related bodies corporate; and
1.1.7. “Your” or “You” refers to the purchaser of any goods ordered and paid for through Westfield Direct;
2.1. Westfield is the operator and promoter of Westfield Direct. Westfield is responsible for facilitating an Order and assisting You with any enquiries You have regarding Your Order and use of Westfield Direct.
2.2. You acknowledge that Westfield acts as agent only for the Retailers listed on Westfield Direct to the extent that Westfield facilitates an Order. You acknowledge that Westfield does not produce or pack an Order and the listing of a Retailer on Westfield Direct does not constitute an endorsement by Us of that Retailer or any goods the Retailer offers.
2.3. Other than an agency, these terms and conditions do not create or imply any partnership or any other relationship between Us and any Retailer or You. To the maximum extent permitted by law, Westfield accepts no liability for any loss or damage incurred in connection with an Order, including the Retailer’s actions, negligence or omission.
2.4. You acknowledge and agree that, in addition to these terms, the Retailer’s Terms apply to Your Order. Where there is an inconsistency with these terms, the Retailer’s Terms take precedence.
2.5. Completing and Order through Westfield Direct means You accept these terms and conditions and the Retailer’s Terms.
3.1. Your Order will be submitted when You complete Your payment details and finalise Your Order by clicking the "Pay Now" button. Orders will be deemed to have been received and accepted by Us and the Retailer at the time we send an Order confirmation to the nominated e-mail address.
3.2. Notwithstanding clause 3.1, We reserve the right not to accept or cancel Orders for any reason at any time. If We or the Retailer are unable to supply your Order, either in whole or in part, We will endeavour to contact You as soon as practicable.
3.3. If you wish to cancel an Order or have a problem with your Order, you must immediately notify our Customer Support team via email@example.com. Where possible, we will endeavour to assist with processing cancellation or refund requests (subject to the Retailer’s Terms), but We will not be liable, to the extent permitted by law, for any failure to do so. If You are unhappy with Your Order, You should contact Us immediately.
3.4. As facilitator, Westfield is responsible for communicating the pick-up times and Pick-Up Point to You. Westfield or the Retailer will also notify you of any changes to the Order and the contents of the Order to be collected by You at the Pick-Up Point. We will only allow You or a nominated person as set out in the Order to pick up the Order.
3.5. Non-perishable items will remain at the Pick-Up Point up to two (2) days after the designated pick-up time. If the Order is not collected within this period, the Order will be cancelled.
3.6. In the event You or your nominated person arrive late by more than 30 minutes past your nominated pick-up time to pick-up your Order and that Order includes perishable items, We and the Retailer reserve the right to cancel the Order. In this event, You acknowledge that you may not be entitled to a refund or credit.
4.2. We, or our nominated third parties, may decide at any time not to accept payment from You for any reason. If Your payment is declined, we will not process the Order and may not contact you to inform you that your Order will not be processed as a result. We will not process any Order until the payment has been received and cleared in full and will not be liable for any delay from banking delays or misdirected payments.
5.2 You acknowledge and agree that by providing us with any personal or proprietary user information through Westfield Direct or by any other means, you consent to the transmission of such personal or proprietary user information to us and relevant third parties, as necessary, for processing, facilitating and providing your Order.