We update our site as often as is practicable, but information can change rapidly and no member of the Scentre Group guarantees 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 accessing this site you agree to these terms, and acknowledge reading 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 under Australian law. Nothing it constitutes an offer of securities, or an invitation to subscribe for securities, enter into any legal agreement or exercise any rights in relation to the offering of any financial product, or amount to a solicitation for any business.
On this website we have detailed a range of products, prices and stores available in the Scentre Group centres. Each of these products link through to a retailer website for purchase. All prices are provided by relevant retailers and suppliers and are updated regularly to reflect pricing changes, however we advise you to review the retailer website for the most accurate information about price and availability.
The Scentre Group does not accept any responsibility for price variations or errors, availability or quality of products. No responsibility is accepted by the Scentre Group for the accuracy of any statement or advice contained in the text or advertisements or the accuracy of any prices quoted.
Current as at 1 July 2014
These terms and conditions of use, together with the policies, notices and disclaimers referred to below (Terms & Conditions), govern your use of the services at westfield.com.au (Site).
The Site is operated by Scentre Digital Pty Limited, ACN 141 708 125, Level 30, 85 Castlereagh St, Sydney, 2000 (Scentre), an indirectly wholly owned subsidiary of Scentre Group Limited ACN 001 671 496 (together with its subsidiaries, Scentre Group).
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 individual retailer participating in the Site (Participating Retailers). In addition to these Terms & Conditions, you should also refer to the terms and conditions of each Participating Retailers as these terms govern interaction with Participating Retailers.
Your access to and use of the Site, including your use of the materials and information accessible on or from the Site, is governed by these Terms & Conditions.
Your use of the Site is conditional upon your acceptance and compliance with these Terms & Conditions. You should read the Terms & Conditions carefully. By using the Site, you agree to be bound by, and comply with, these Terms & Conditions. You must not access, browse or otherwise use the Site unless you agree to be bound by the Terms & Conditions.
Scentre reserves the right to amend the Site and the Terms & Conditions at any time and from time to time without notice to you. Your continued use of the Site after any amendment to the Terms & Conditions constitutes an agreement by you to abide and be bound by the Terms & Conditions as so amended. If you breach these Terms & Conditions, your right to use the Site will cease immediately and we may refuse you access to the Site at our complete discretion.
Access to the Site is not provided on a continuous, uninterrupted or permanent basis. Not all sections of the Site may be able to be accessed by all users of the Site. Scentre reserves the right to withdraw or amend the service Scentre provides 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. 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 & Conditions.
When you sign up to become a member of the Site, 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 shopping centres and promotions run by the Scentre Group, as well as for the purposes set out in section 13 of these Terms & Conditions.
Products advertised on the Site are provided by, and sold by, Participating Retailers. The Scentre Group does not review or control, and is not responsible in any way for, listings provided by Participating Retailers or purchases made on a Participating Retailer’s website. Products advertised by Participating Retailers on the Site may vary from time to time. Before making a purchase from a Participating Retailer, you should carefully review that Participating Retailer’s terms and conditions applying to a potential transaction on their store front and product details page. Subject to law, and other than in relation to any liability which under law cannot be excluded, the Scentre Group is not liable for any costs, damages or other loss in connection with the advertising or purchase of Products from a Participating Retailer or your use of the Site.
Some products sold by Participating Retailers may be products which, under law, may not be freely sold to all consumers, e.g. alcohol, knives or certain videos or dvds, or may only be sold to consumers on certain terms and conditions (Restricted Products). Those products are subject to the terms and conditions of the Participating Retailer selling those products. If you wish to discuss or organise a return, exchange or refund of any item, please contact the Participating Retailer directly.
All prices are in Australian 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 Australian residents, and we require all Participating Retailers to provide an estimate of any such liabilities on the assumption that you are an Australian resident.
If you are not an Australian resident you must make your own enquiries about whether any such liabilities will be imposed if Products are delivered to you.
Scentre, or a member of the Scentre Group, 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 1968 (Cth), you must not in any form or by any means:
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. 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.
You may link to our home page, 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 provides links to other websites not maintained or controlled by, or associated with, the Scentre Group, including those of Participating Retailers. The Scentre Group makes no endorsements, representations or warranties about any other website which you may access through the Site, including those of Participating Retailers(Other Website). When you access an Other Website, that Other Website is independent from the Site, and the Scentre Group has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of the Site. Other Websites are not under the control of the Scentre Group, and the Scentre Group is not responsible for the accuracy of any information on any Other Website. The Scentre Group does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from the Site are free from viruses, worms, Trojan horses and other material of a destructive nature.
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, including in connection with Products (Third Party Posted Material). 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. The Scentre Group makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. The Scentre Group expressly disclaims any liability to you for all Third Party Posted Material. Subject to any liability which cannot by law be excluded, the Scentre Group 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 the Scentre Group has been expressly advised of the possibility of such loss or damages.
You must indemnify and keep indemnified the Scentre Group in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
While the Scentre Group takes appropriate technical and organisational measures to safeguard the personal data that you provide to the Scentre Group, no transmission over the internet can ever be guaranteed secure. Consequently, please note that the Scentre Group cannot guarantee the security of any personal data that you transfer over the Internet to the Scentre Group 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:
The Australian Government has published additional information about protecting yourself in online transactions. This is available at http://www.staysmartonline.gov.au/ (this website is not provided by the Scentre Group).
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.
The Scentre Group 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. The Scentre Group 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 website linked to the Site, howsoever caused. To the extent that any liability may be imposed on the Scentre Group, 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 no member of the Scentre Group guarantees its accuracy at any time.
The Site has been prepared under Australian law. Nothing in it constitutes an offer of securities, or an invitation to subscribe for securities, enter into any legal agreement or exercise any rights in relation to the offering of any financial product, or amount to a solicitation for any business.
Scentre cannot give any undertaking, that goods or services you purchase from Participating Retailers through the Site will be of satisfactory quality, and any such warranties are DISCLAIMED by Scentre absolutely. This DISCLAIMER does not affect your statutory rights against the Participating Retailer. Where you order goods or services through the Site Scentre may disclose your customer information related to that transaction to the relevant Participating Retailer.
By using the Site, you agree that your access to, and use of, the Site is subject to these Terms & Conditions 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 the Scentre Group, related entities of the Scentre Group and the directors, officers and employees of the Scentre Group accept no responsibility for and make 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 or any Scentre Group company.
Subject to any non-excludable provisions in the Competition and Consumer Act 2010 and similar State or Territory legislation in Australia:
To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, 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.
Any indemnity, agreement, representation or promise provided by you to Scentre as set out in these Terms & Conditions shall be taken to be an indemnity, agreement, representation or promise also provided by you to the employees, officers, agents and shareholders of Scentre and any related entity of Scentre in relation to the Site.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms & Conditions, 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 & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms & Conditions 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 & Conditions shall be governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.
The Site may be accessed throughout Australia and overseas. Scentre makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, 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 & Conditions 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 1300 788 957 Monday - Friday 9:00AM - 5:00PM AEDST or by email to [email protected]. Complaints about a specific Participating Retailer or product must be directed to the Participating Retailer 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. If you have a complaint about a specific purchase, and have paid by Visa or Mastercard, you may have charge back rights and should contact your financial institution.
These Terms & Conditions 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.
In the following Wi-Fi and privacy terms:
You agree to these terms either by clicking "Connect to WiFi" on the Westfield Wi-Fi Service's initial landing page or by otherwise accessing or using the Westfield Wi-Fi Service.
While Scentre Group will use all commercially reasonable endeavours to provide a reliable, stable and secure Wi-Fi service and ensure that the Westfield Wi-Fi Service is generally available, Scentre Group (a) makes no representation that the Westfield Wi-Fi Service (or any associated functions) will be available at all times or will operate at all times without error and (b) expressly disclaims any representations that the Westfield Wi-Fi Service will operate on a continual or error free basis. The Westfield Wi-Fi Service in whole or in part, or particular Westfield Wi-Fi Service functions, may be non-operational at any time for any reason (including because of any planned maintenance or unavailability of any service).
The Westfield Wi-Fi Service provides free wireless internet access within Westfield shopping centres. However the Service is not supplied for the purpose of, and is not suitable for supporting, any application or use which needs continuous fault free network connectivity and must not be used for business purposes.
The Westfield Wi-Fi Service provides unencrypted wireless access to the Internet. You are responsible for the security of your system, device and any transmissions you make or receive and:
Other than the measures referred to in clauses 8 and 9, we do not control information transmitted over the Westfield W-Fi Service and you release us from any liability arising out of your use of the Westfield W-Fi Service, including the transmission of that information to or from you and your use of it. You acknowledge that:
a. the Internet contains a variety of materials and information that may be offensive to you and that you assume full responsibility and risk of use of the Westfield Wi-Fi Service and the Internet; and
b. you are solely responsible for your use of the Westfield Wi-Fi Service and for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online.
Your activities on the Westfield Wi-Fi Service (including sending, receiving, downloading or printing any material using the Westfield Wi-Fi Service) must not:
a. introduce any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
b. create any liability (civil or criminal) for Scentre Group or any Third Party Provider, cause Scentre Group to lose (in whole or in part) the services of our suppliers;
c. violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
d. be defamatory, trade libelous, unlawfully threatening or harassing, or advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence;
e. be obscene or contain child pornography;
f. infringe any third party's intellectual property rights, including copyright, patent, trademark, trade secret or other proprietary rights;
g. impose an unreasonable or disproportionately large load on any systems or infrastructure; or
h. involve any attempt to access any data or system, service or communication which you are not authorized to access;
i. must not in any way rebroadcast or retransmit the WiFi network using your own devices or other equipment
Scentre Group routinely monitors and logs communications over its networks for security, performance, and other purposes, and Scentre Group may access, monitor, audit, intercept and disclose any such communications, data or information in connection with your use of the Westfield Wi-Fi Service.
Scentre Group may make certain Internet services unavailable, and may, in its absolute discretion, revoke your access to the Westfield Wi-Fi Service, at any time and for any reason with or without notice to you. In particular, Scentre Group reserves the right to:
a. bar access to the Westfield Wi-Fi Service to anyone who is deemed to be in breach of the terms and conditions, or is behaving in an unsociable manner, or for any other reason;
b. block access to any network protocols that are deemed inappropriate by Scentre Group or may contravene these Westfield Wi-Fi Service terms and conditions of use, including but not limited to those used by file sharing applications such as Limewire, eDonkey, or any Bit-Torrent type of client or Peer to Peer applications; and
c. apply any such traffic shaping as is deemed necessary to provide access to Westfield Wi-Fi Service in a fair and stable manner to all Scentre Group customers.
As a complimentary service, the Westfield Wi-Fi service are provided "as-is" and "where-is," without any warranties, express or implied.
To the extent permitted by law, Scentre Group nor any third party provider is not liable for any loss or damage of any kind caused or contributed to by your use of the Westfield Wi-Fi Service, 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 we are expressly advised of the likelihood of such loss or damage. If liability cannot be excluded by law, our liability and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you is limited to AUD$100.00. If liability cannot be limited or excluded by law, then to the extent permitted by law, Scentre Group’s liability is limited to the following:
a. if the breach relates to goods, repairing or replacing those goods or paying the cost of having those goods repaired or replaced; and
b. if the breach relates to services, resupplying those or equivalent services or paying the cost of having those services resupplied.To the extent permitted by law, you indemnify
Scentre Group, its related bodies corporate, directors, officers and employees from any loss or damage of any kind caused or contributed to by your use of the Westfield Wi-Fi Service.
Scentre Group reserves the right to alter the terms and conditions stated in this document at any time and for any reason. Continued use of the Westfield Wi-Fi Service by you constitutes your binding acceptance of such revisions, amendments, and modifications. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WESTFIELD WI-FI SERVICE.
If any of these terms is determined to be invalid or unenforceable under any applicable law, the term will be ineffective to the extent of such determination and such invalidation of such part or portion of these terms will not invalidate the remaining portions of these terms and they will continue to, and will remain, in full force and legal effect.
a. for the purpose of and incidental to your use of the Westfield Wi-Fi Service;
b. to provide to other members of the Scentre Group, its agents, contractors, joint venture and commercial partners, regulatory authorities and any third parties who provide services to us in relation to the Westfield Wi-Fi Service, including gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent use; and
c. for other purposes to which you, either expressly or impliedly, consent to, and for the purposes set out above, we may transfer your personal information to others in countries outside Australia.
By accessing the Westfield Wi-Fi Service, you acknowledge and agree that:
We will collect your information, such as (but not limited to):
a. where devices are able to connect to, or are identifiable by, in-centre infrastructure, we may collect data including usage, location and type of device, from those devices, and other data which users consent to us collecting from time to time;
b. the date and time you accessed each page on our websites;
c. cookies which track your visits to our web sites;
d. the web browser that you are using and the pages you accessed;
e. your name, email address and age range where provided;
f. centre arrival and departure time;
g. device ID number (MAC address);
h. location of your wireless device in-centre;
i. length of browsing session; and
j. the URL of websites visited.
We are collecting this information (and may use or hold this information) for the following purposes:
a. for the purposes of and incidental to your use of the Westfield Wi-Fi Service;
b. to improve our websites and the Westfield Wi-Fi Service;
c. so that we can tell which webpages are the most popular and where shoppers spend most of their time;
d. to provide to other members of the Scentre Group, its agents, contractors, service providers, joint venture and commercial partners, regulatory authorities and any third parties who provide services to us in relation to the Westfield Wi-Fi Service, including gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent use; and
e. for other purposes to which you, either expressly or impliedly, consent to, and for the purposes set out above, we may provide this information to Scentre Group’s agents, contractors, service providers, joint venture and commercial partners and regulatory authorities, and may transfer your personal information to others in countries outside Australia (including to those that operate our cloud servers outside of Australia).
If you opt in to receive notifications (for example, in respect of competitions, news, information or offers in respect of goods or services) then you may receive notifications on your device. If you want to opt out from these notifications, visit https://account.westfield.com.au/direct-unsubscribe.
If you access or log-in to the Westfield Wi-Fi Service through a third party social media service, the information we collect may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the third party social media service to share with us, such as your profile picture, email address, followers or friends lists, and any information you have disclosed in connection with that social media service. When you access the Westfield Wi-Fi Service through third party social media services, you are authorising Scentre Group to collect, store, use and disclose such information and content in accordance with these Wi-Fi Privacy Terms. If you do not want your personal information collected, stored, used or disclosed in this way, please do not access or log-in to Westfield Wi-Fi Service through a third party social media service. We do not collect your passwords from these third party social media services.
For more information on our privacy practices, please contact Scentre Group Privacy Officer at Level 28, 85 Castlereagh Street, Sydney NSW 2000 or at [email protected] or by phone on (02) 9358-7000.
WESTFIELD PLUS MEMBERSHIP, APP AND ASSOCIATED SERVICES – AU & NZ
Current as at 16 DECEMBER 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 and the Westfield Plus Privacy Statement 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 submit Your email address and First and Last Name to us (Minimum Requirements).
1.1.2. You may also need to enable location services on Your device to access and use certain Services, for example, to activate a Westfield Digital Gift Card and to view certain parking information. Please refer to our Privacy Statement for information about how we determine and use Your location.
1.1.3. You agree to keep and maintain accurate, complete and up-to-date information that You may provide to Us regarding your Membership.
1.1.4. Once You create a Membership, You are deemed to have accepted these Terms and Conditions and You will be issued with an email confirming your Membership.
1.1.5. By creating a Membership, You provide Us with certain personal information as set out in, and governed by, our Privacy Statement.
1.1.6. 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.
1.1.7. 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. Unsubscribing and Cancelling Your Membership
1.2.1. You may unsubscribe from receiving communications from Us in relation to the Services and benefits associated with your Membership at any time by updating Your Account settings in the App, by visiting https://www.westfield.com.au/unsubscribe or by following the unsubscribe link in the footer of the marketing emails. Please be aware that if you unsubscribe, you will not receive any notification of offers or feature launches in respect of the Services or other benefits associated with Your Membership.
1.2.2. You may cancel your Membership at any time by updating Your Account settings in the App or by sending Us a request via https://support.westfield.com.au/hc/en-us/requests/new. If you cancel Your Membership you will no longer be able access or receive the Services or any Membership benefits, including but not limited to parking benefits when you visit a Westfield Centre. Following cancellation of your Membership, Scentre Group may continue to retain and use certain data in relation to you and Your Membership the purposes set out in the Westfield Plus Privacy Statement.
1.3. Payment for Services
1.3.1. Please refer to the terms of the relevant Service for details of payment options.
1.3.2. 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.
1.3.3. 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.
1.4. Use of Your Membership
1.4.1. Subject to 3.2.6, 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.
1.4.2. 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 of 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:
126.96.36.199. copy, adapt, reproduce, broadcast, store, transmit, distribute, print or publish, or create derivative works from, any information or material on the App;
188.8.131.52. 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;
184.108.40.206. alter, decompile, disassemble, reverse engineer or modify the App or any information or material you receive or access through it; or
220.127.116.11. 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 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, password 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 or password, 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:
18.104.22.168. 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
22.214.171.124. 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
126.96.36.199. In order to use Ticketless Parking at a participating Centre, 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.
188.8.131.52. Once Your number plate has been added to Your Membership profile, that number plate will be eligible to qualify for Ticketless Parking and / or receive a Member Service Benefit when it is in a Car Park that offers Ticketless Parking and / or Member Service Benefits, even if someone other than You parks the vehicle at a Centre. Member Service Benefits, as they relate to Ticketless Parking, are applied on a per vehicle basis.
184.108.40.206. 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.
220.127.116.11. 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.
18.104.22.168. 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.
22.214.171.124. 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.
126.96.36.199. Any free parking periods or other parking-related Member Service 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.
188.8.131.52. 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.
184.108.40.206. 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 220.127.116.11.
18.104.22.168. If You choose to pay for parking automatically as set out in clause 22.214.171.124, 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.
126.96.36.199. 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.
188.8.131.52. 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.
184.108.40.206. 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
220.127.116.11. 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.
18.104.22.168. 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
22.214.171.124. At certain Centres, retail staff and contractors may be entitled to discounted 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 Parking rates at that Centre.
126.96.36.199. If You are a retail staff or contractor parker who is entitled to access the discounted Parking rates pursuant to 188.8.131.52 , You must park in the respective designated retail staff or contractor parking areas, as set by Us from time to time, in a vehicle that is linked to Your Membership profile. All retail staff and contractor parking areas operate on a first in, first served basis and availability is not guaranteed. In the event that retail staff or contractor 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 or contractor parking area may change from time to time (including relocation to off-site locations).
184.108.40.206. If You are a retail staff or contractor parker and park in public areas of a Car Park under any circumstances, standard Parking rates will apply.
220.127.116.11. We may vary the retail staff or contractor 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.
18.104.22.168. Retail staff and contractor parking benefits are not transferable, and You must notify Us of the cessation of Your employment.
22.214.171.124. If You have not used Your retail staff or contractor parking designation by parking in a retail staff or contractor designated area in the Car Park at least once in a period of 60 consecutive days, Your retail staff or contractor designation, as applicable, may be suspended until You notify Us of its resumed use and, if required by Us, verify Your employment in accordance with clause 126.96.36.199.
188.8.131.52. 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.
3.2.6. Sharing your vehicle
184.108.40.206. As the Primary Owner of a vehicle, You may share your vehicle’s number plate with a Sharee through the App. Please refer to our FAQS and our Privacy Statement for more information about this feature.
220.127.116.11. Where You have shared your Vehicle’s information with a Sharee, You acknowledge and agree that the Sharee may use Your vehicle and incur fees, damages or loss in connection with it when using the vehicle at a Car Park. In such event, You agree that You will remain liable for all acts and omissions of your Sharee(s) as if they were your own and as they relate to use of Your vehicle in a Car Park pursuant to these Terms and Conditions, including but not limited to obligations to pay fees and limitations on entitlements of Member Service Benefits.
18.104.22.168. In addition to all other applicable terms, if You are a Sharee, You agree to abide by all terms of entry as they relate to parking Services, including Ticketless Parking and Valet Parking, as set out in clauses 22.214.171.124 and 3.3 respectively.
126.96.36.199. If You are the Primary Owner of a vehicle and cancel Your Membership, any Sharees will no longer be able to access or receive any parking benefits associated with that vehicle (unless that Sharee subsequently nominates themselves as the Primary Owner of the vehicle via their Westfield Plus App).
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 retrieval 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. Reservations & Bookings
3.4.1. At select retailers in Centre, You may be able to make reservations and other types of bookings including restaurant bookings, bookings for an in-store event or an appointment for certain retailer services. 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 in respect of your access or use of such third-party sites for this purpose or otherwise . 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
3.5.1. 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 provider. Your use of a Digital Gift Card means that you accept those terms and conditions.
4.1. Our termination rights
4.1.1. We may immediately terminate Your Membership or cease providing Services to You if:
188.8.131.52. You have breached these Terms and Conditions or have otherwise used Your Membership or the Services for an illegal or improper purpose; or
184.108.40.206. We determine to cease offering Memberships and / or any of the Services (in whole or in part) for any reason.
4.2. Liability and disclaimer
4.2.1. You are solely liable for all activities which occur pursuant to Your Membership and the Services You consume, including in circumstances where You have shared Your vehicle with a Sharee as set out in clause 3.2.6. You must notify Us immediately if You become aware of any unauthorised use of Your Membership.
4.2.2.To the extent permitted by law, We are not liable to You for any damage resulting from:
220.127.116.11 use of or reliance on the materials or information on the App; or
18.104.22.168. Your inability to use or access the App or the Services.
4.2.3. 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 breaching party’s negligent act or omission.
4.2.4. 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.
4.2.5. 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:
22.214.171.124. Your use of Your Membership, the App and the Services; and
126.96.36.199. Your breach or violation of any of these Terms and Conditions.
4.2.6. 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.
4.3. Privacy and Your Personal Information
4.3.2. If You agree to receive promotional communications and marketing material from Us, Your Personal Information may be used for the purposes set out in the Westfield Plus Privacy Statement.
4.4.1. Authority: You represent and warrant that you have full power to enter into and perform your obligations under these Terms and Conditions.
4.4.2. 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.
4.4.3. 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 Account section. You will be bound by the amended, varied or replaced terms and conditions until you close Your Membership.
4.4.4. Assignment: We may assign, novate or otherwise deal with any of our rights or obligations under these Terms and Conditions without obtaining Your consent.
4.4.5. 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.
4.4.6. 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 in those respective regions.
4.4.7. 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.
The following terms apply to these terms, Your Membership, the App and the Services:
4.5.1 Apple Pay means the mobile payment and digital wallet service provided by Apple, Inc. which facilitates payments through an eligible Apple mobile device;
4.5.2. Car Park means a specified location for parking vehicles that is operated by Scentre Group or its designated parking provider;
4.5.3. Centre means a Westfield Centre owned and operated by Scentre Group;
4.5.4. 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.
4.5.5. Google Pay means the mobile payment and digital wallet service provided by Google LLC which facilitates payments through an eligible Android mobile device;
4.5.6. 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;
4.5.7. 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;
4.5.8. Primary Owner is any Westfield Plus Member who has registered themselves as the primary owner of a vehicle via the Westfield Plus App for the purpose of the vehicle sharing functionality.
4.5.9. Scentre Group 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;
4.5.10. Sharee means a person (invitee) who has been invited by another Member (invitor) to view and connect the invitor’s vehicle’s number plate with the invitee’s Membership;
4.5.11. 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
4.5.12. Valet Parking means parking services provided to You where Your vehicle is parked and retrieved by Us or Our nominated provider.
Current as at 29 August 2021
Westfield Direct Customer Terms and Conditions
Welcome to Westfield Direct.
These terms and conditions (Terms and Conditions) relate to your use of Westfield Direct and the Services. By using Westfield Direct, you (You) agree to be bound by these Terms and Conditions.
Please also refer to Our FAQs, which may answer any further enquiries.
1.1. Westfield Direct is an online marketplace which allows You to connect with various third party retailers (Retailers) offering goods and services for sale, and to enter into contracts to acquire various products supplied by those Retailers. Westfield Direct is owned and operated by Scentre Digital Pty Limited (Us, We, Our or Scentre) for use in Australia and New Zealand.
1.2. Scentre provides Website features and other services to You when You visit or shop at westfielddirect.com.au (Website), including (without limitation) facilitating the purchase, delivery and return of an Order and assisting You with any enquiries You have regarding Your Order and use of Westfield Direct (collectively, the Westfield Direct Services or Services).
1.3. All agreements for the supply of goods and services are between You and the Retailers. Scentre does not manufacture or supply any products available for purchase on Westfield Direct and the product listings of a Retailer on Westfield Direct does not constitute an endorsement by Us of that Retailer or any goods the Retailer offers for sale. Please refer to the Liability & Disclaimer section below for more information in this regard.
1.4. Scentre receives a commission from each Retailer for facilitating the entry into agreements for goods and services between You and the Retailer.
2.1.1. You must only use the Website and Service in accordance with these Terms and Conditions and any applicable law.
2.1.2. You must not (or attempt to):
(a) interfere with or disrupt the Website or any server or network that hosts or supports the Website;
(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; or
(c) interfere with security-related or other features of the Website.
2.1.3. You must not link to Our Website (including on any social media channel) in a way that may damage or benefit from Our brand or reputation, including but not limited to:
(a) in a way that implies that You have any kind of association with Us, or approval and endorsement from Us when there is none; or
(b) in a way that is illegal or not in good faith.
2.2.1. The Website and its content are subject to copyright, trademarks and other intellectual property rights which are either owned or licensed to Scentre.
2.2.2. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website without Our prior written consent or as permitted by Law.
2.3.1. Product information available on the Website is provided by Retailers and other third party merchants and/or product manufacturers and We do not vet or verify the information provided by Retailers. Except as required by Law, We are not responsible for any inaccuracies or errors caused by incorrect information that is supplied to Us or provided by these third parties. In addition, We provide no warranties in relation to the content of any other website linked to or from Our Website.
2.3.2. Please be aware that actual products may differ in look and feel from the way they appear on the Website, including due to photographic and screen limitations associated with the representation of products online.
2.4.1. The Website contains certain products that are restricted for purchase, access and use by persons of a certain age (for example, DVDs and video games with age classifications) (Restricted Goods), and may be subject to relevant Commonwealth and State legislation and regulations or industry codes and rules.
2.4.2. By placing an order for any Restricted Goods on the Website You represent and warrant that you:
188.8.131.52. meet the relevant age classification for the Restricted Goods;
184.108.40.206. and are not purchasing the Restricted Goods on behalf of a person that does not meet the relevant age classification.
2.4.3 We and the Retailer reserve the right to request proof of age in order verify your purchase of any Restricted Goods.
2.5.1. We reserve the right to cease providing (in whole or part) the Website or any of the Services, or to make any changes to the Website or any Service at any time.
2.5.2. Your access and use of the Website or any of the Services may be suspended or restricted in accordance with these Terms and Conditions and as necessary for Our business operations including (without limitation) to allow for Website updates, repairs and maintenance or the introduction of new features or Services.
2.5.3. We reserve the right to make changes to these Terms and Conditions at any time by posting the changes on the Website. You will be subject to the Terms and Conditions which are available on the Website at the time that You use the Website or Services (including at the time You complete a purchase transaction). You may at any time cease using the Website or any of the Services, including in the event of any such change to these Terms and Conditions.
3.1. When visiting and shopping on Westfield Direct, You may place an order with one or more Retailers to purchase one or more Retailer products (Order).
3.2. You will be able to place an Order either as a Westfield Plus Member or via the guest checkout.
3.3. You must follow the instructions and prompts on the Website when placing an Order and for making any changes to Your Order prior to submitting it for processing.
3.4. Orders will be deemed to have been received and accepted by the Retailer(s) at the time We send an order confirmation to Your nominated e-mail address on behalf of the Retailer(s).
3.5. We reserve the right to reject or cancel Orders for any reason at any time. If a Retailer is unable to fulfil Your Order, either in whole or in part, We will notify You and provide You with a refund for the items which cannot be fulfilled.
3.6. Retailers may choose to not fill an Order (in whole or in part) where the Website contains an error, including incorrect or out-of-date information regarding stock availability, pricing, shipping, payment terms, or return policies.
3.7. If You wish to cancel an Order prior to its fulfilment, You must notify Our Customer Support team as soon as possible by contacting us here. Where possible, We will endeavour to assist with processing a cancellation or refund request in these circumstances, but to the extent permitted by Law, We will not be liable for any failure to do so.
4.1. Payment for an Order is to be made through Our payment gateway, which is operated by a third party.
4.2. We, or Our nominated third party, may determine at any time not to accept payment for Your Order for any reason.
4.3. We take no responsibility if Your payment is declined or is unable to be processed for any reason, including but not limited to any error, service failure or disruption associated with the payment gateway.
4.4. We are unable to process any Order for fulfilment until We have received payment for the Order in full. If Your payment is declined or is unable to be processed for any reason Your Order will not be accepted or fulfilled. We will not be liable for any delay which occurs during the payment process, including but not limited to banking delays or misdirected payments.
5.1. Where You have nominated Click and Collect as the delivery method for Your Order, the Retailer will make Your Order available for collection from a Westfield Shopping Centre. We will notify You via Your nominated email address when Your Order is ready for collection from Your nominated Westfield Shopping Centre. We will also provide You with details of the collection location (Pick-Up Point) and its opening hours.
5.2. You will be asked to present a copy of the receipt (on Your personal device will be acceptable) and photo ID prior to receiving Your Order.
5.3. If You wish for someone else to collect Your order, You will need to provide them with a copy of the order receipt and they will need to present photo ID at the Pick-Up Point. We reserve the right to refuse to provide Your Order to any person who We reasonably determine does not have authority to receive the Order on Your behalf.
5.4. Orders will remain at the Pick-Up Point for ten (10) days after We notify You that Your Order is ready for collection. If the Order is not collected within this period, We may cancel the Order and issue You with a refund.
6.1. Where You have nominated that Your Order is to be delivered to a nominated address, the Retailer will arrange for the delivery of Your Order.
6.2. If You are not available to accept delivery of Your Order at Your nominated address, You authorise the delivery partner to leave Your Order in a safe place (which will be determined at the delivery partner’s discretion) at Your nominated address. If the delivery partner determines (in their discretion) that there is not a safe place to leave Your Order, Your Order will be redirected to a collection point for Your collection.
6.3. Westfield Plus Members may from time to time receive free delivery on Orders over a certain value (excluding any delivery fee). When making an Order, You should confirm prior to making payment whether free delivery is available on Your purchase.
6.4. For the avoidance of doubt, delivery of any Order is part of Your contract with the Retailer. We have no responsibility for delivery of Your Orders, and We will not be liable to You for any issues with the delivery, including any loss of or damage to Your Order in transit or if Your Order is left at Your nominated address by the delivery partner pursuant to clause 6.2.
7.1. Our Customer Returns Policy sets out the terms and conditions upon which Retailers will accept returned products and provide a refund.
7.2. Our Customer Returns Policy is included and forms part of these Terms and Conditions by reference. Accordingly, upon purchasing a product on the Website You agree to the terms and conditions set out in the Customer Returns Policy.
7.3. Retailers reserve the right not to accept a returned product which does not meet the accepted returns criteria set out in the Customer Returns Policy, or any product that has been specifically marked on the Website as non-returnable (such as items sealed for hygiene reasons, beauty products or items marked as “final sale”). Prior to completing Your purchase, You should check the product listing on the Website to confirm whether the product is returnable.
7.4. Westfield Plus Members may from time to time be eligible for one free postage return per Order. When making an Order, You should confirm prior to making payment whether this offer is available on Your purchase.
7.5. If You are not a Westfield Plus Member at the time of purchase You will be able to return Your Order via post, however postage fees will apply. You are also able to return Your Order at any Westfield Shopping Centre free of charge.
7.6. Please refer to Our Customer Returns Policy and FAQs for more information on returns and refunds.
8.1. Should You have a complaint or dispute in connection with Your use of Westfield Direct or the Services (including any Order) please contact Our Customer Support Team as soon as possible so that We may endeavour to assist You and resolve the issue.
9.1. We may from time to time run promotions or offer rewards in connection with Westfield Direct.
9.2. Unless otherwise stated, any such promotion or reward are not affiliated with or endorsed by any Retailer.
9.3. Any such promotion or reward will be subject to these Terms and Conditions and any additional promotion specific terms and conditions which will be made available at the time of the promotion or rewards offer.
9.4. You should refer to the relevant terms and conditions that apply to the promotion or rewards at the time of the campaign. However, by proceeding to take advantage of the promotion or reward offer (including making a purchase) You agree and accept the terms of the relevant offer.
10.1. Your privacy is important to Us. We agree to comply with any applicable law in relation to the collection, use, and handling of personal information in connection with Westfield Direct.
10.3. We may from time to time disclose Your personal information to relevant third parties (including Retailers with whom You have placed Orders and Our service providers and subcontractors), as necessary, for providing You with the Services, including processing Your payments and fulfilling Your Order. The delivery service providers may contact You via phone or SMS in relation to the delivery of Your Order.
11.1. To the extent permitted by Law (including the Australian Consumer Law), this clause states Our entire liability and Your exclusive remedies for any claim in relation to these Terms and Conditions, the Website and the Services. Every other provision of these Terms and Conditions is to be read subject to this clause 11.
11.2. As You are a consumer under the Australian Consumer Law, We owe You certain guarantees as to the quality of the service We provide, including that the Website is provided with due skill and care, and We do not exclude or limit Our liability for failure to comply with those Australian Consumer Law guarantees.
11.3. You should not rely on any information on the Website when making a purchasing decision. You should make Your own enquiries before forming Your own opinion and taking any action based on any such information.
11.4. When You order products on Westfield Direct, You are entering into a contract for the supply of those products, including the delivery of those products, with the relevant Retailer. We are not party to those contracts and We are not the supplier of any products for sale on Westfield Direct. You may have rights under the Australian Consumer Law against the relevant Retailer in relation to a product or service. We will not be liable for any loss or damage arising out of or in relation to any products or content (including pricing and product information comprised in a product listing) provided by a Retailer on Westfield Direct.
11.5. Except in respect of the guarantees We give You under the Australian Consumer Law or as otherwise required by Law, in no event shall We, Our affiliates and related entities or Our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with Our Website or these Terms and Conditions (however arising, including negligence).
12.1. You indemnify and hold us, Our related bodies corporate, Retailers and third party service providers (who provide a service in connection with Westfield Direct) harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of Your breach of these Terms and Conditions or Your breach of any law or the rights of a third party.
13.1. These Terms and Conditions contain all the terms agreed between You and Us in connection with Westfield Direct (including any Order), and supersede any prior Terms and Conditions published on the Website.
13.2. You may not assign or otherwise deal with Your rights or obligations under these Terms and Conditions. You hereby consent to Us assigning or otherwise dealing with all or any of Our rights or obligations under these Terms and Conditions to any person.
13.3. If any of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
13.4. No waiver by Us of any breach of these Terms and Conditions by You operates as a waiver of another breach of that term or of a breach of any other term of these Terms and Conditions. No granting of time or other forbearance or indulgence by Us to You will release, discharge or otherwise affect Your liability under these Terms and Conditions.
13.5. Unless otherwise stated within these Terms and Conditions, any notice to be given to You must be in writing and delivered to Your nominated email address. Any notice to be given to Use must be in writing and delivered to Our registered office. Please refer to Our Contact Us page for more information.
13.6. All provisions of these Terms and Conditions apply equally to and are for the benefit of Scentre, each of Scentre’s related bodies corporate, and each entity, trust, partnership or fiduciary arrangement (including each managed investment scheme) of any nature of which Scentre or any of its related bodies corporate has been, is or becomes the trustee, manager or responsible entity including (without limitation) the Scentre Group Trust 1, Scentre Group Trust 2 and Scentre Group Trust 3, as well as any Retailer, third party affiliate, content provider or licensor engaged by Scentre in connection with Westfield Direct. Each aforementioned person will have the right to assert or enforce any provision of these Terms and Conditions directly or on its own behalf.
13.7. Clauses that are either expressed to survive expiration or termination of these Terms and Conditions or from their nature or context it is contemplated that they are to survive, will survive expiration or termination of these Terms and Conditions.
13.8. These Terms and Conditions and any other agreement between Us and You are governed by the law applying in New South Wales. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.
Current as at 18 February 2020
1.For the purposes of these terms and conditions, “You” refers to the purchaser and/ or recipient and user of the Digital Gift Card, being a gift card that is in a digital form and available in the Westfield Plus App.
2.Digital Gift Cards are issued by Indue Limited ABN 97 087 822 464 (Indue) at the request of Westfield Gift Cards No 2 Pty Limited ACN 130 151 861 (Westfield). Indue is an authorised deposit-taking institution and a member of Visa.
3.Westfield is the distributor and promoter of Your Digital Gift Card. Westfield is also responsible for providing certain cardholder services to You, including providing You with Your Digital Gift Card and assisting You with any enquiries You may have regarding the use of a Digital Gift Card.
4.A separate contract is created between You, Indue and Westfield on these terms and conditions for each Digital Gift Card you hold.
5.Purchasing or using a Digital Gift Card means that you accept these terms and conditions. If you let another person use your Digital Gift Card, you must tell them that the use of the Digital Gift Card is subject to these terms and conditions.
1.Digital Gift Cards are redeemable at retailers with contactless payment facilities or online merchants which support Apple Pay or Google Pay (some retailers may not accept Digital Gift Cards).
1.In order to activate a Digital Gift Card, You must:
a) Have a device which supports Apple Pay or Google Pay;
b) Be in Australia with location services enabled on your mobile device;
c) Download the Westfield Plus App, create a membership and accept the terms and conditions of the Westfield Plus App; and
2.Digital Gift Cards may be subject to a number of security checks. Following completion of those security checks to Westfield’s and Indue’s satisfaction, a Digital Gift Card will be issued and activated within 48 hours. Once issued and activated within a person's Westfield Plus App, a Digital Gift Card cannot be transferred or re-assigned to a Westfield Plus Membership associated with another person.
3.When making a payment using your Digital Gift Card you may be required to enter your PIN (which can be located in the App) into the merchant's terminal or enter your mobile phone security credentials (eg, PIN, passcode or biometric identifier) on supported devices to complete a transaction. The ‘Credit’ option will automatically apply to all transactions which may result in a surcharge by the merchant.
4.All transactions conducted in a foreign currency will be converted into Australian dollars. Transactions will either be converted directly into Australian dollars or will be first converted from the currency in which the transaction was made into US dollars and then converted to Australian dollars by Visa Worldwide Pte Ltd (Visa). The conversion rate used is either:
a) a wholesale market rate selected by Visa from the range of wholesale rates available in wholesale currency markets for the applicable processing date, which may vary from the rate Visa receives; or
b) the government-mandated rate in effect for the applicable processing date.
5.A currency conversion fee of 3.5% is payable and deducted from the Digital Gift Card available balance when you make a transaction on Your Digital Gift Card in a currency other than Australian dollars. A currency conversion fee may also be payable if You make a transaction on Your Digital Gift Card in any currency (including Australian dollars) that is processed by a card scheme or financial institution or billed by the merchant outside of Australia. You should check where the processor is located before completing a transaction as it may not always be clear, particularly when purchasing online, that the merchant, financial institution or card scheme processing is located outside of Australia.
6.The Digital Gift Card is not a cash substitute. You have no rights to, and You agree that You will not attempt to:
a) redeem a Digital Gift Card for cash, reload it, return it for a refund or have balances of multiple Digital Gift Cards consolidated to a new Digital Gift Card; or
b) use a Digital Gift Card for cash equivalent transactions (such as bill payments, purchase of financial products or foreign currency or gambling transactions).
7.If You breach subclause 220.127.116.11, You agree that, in addition to other available remedies, Westfield or Indue may cancel a Digital Gift Card or block a transaction.
1.Digital Gift Cards are valid for a period of three (3) years from the date of issue, being the date of the email containing the Digital Gift Card is delivered, and will expire on the date indicated on the face of the Digital Gift Card as shown in Your Westfield Plus App.
2.After the Digital Gift Card has expired, it is no longer valid and all transactions will be declined. You agree that You have no right to receive a refund of any unused value remaining and that unused value will become Westfield’s property immediately following the expiry date unless Westfield elects otherwise.
1.In order to use a Digital Gift Card, You must have a device which supports Apple Pay or Google Pay. If You do not have a supporting device, You should email [email protected]. Westfield may, in its sole discretion, cancel your Digital Gift Card and instead provide You with a replacement physical gift card of the same value, which may be subject to other terms and conditions presented to You at the time it is provided to You.
3.To the greatest extent permitted by law, Indue and Westfield are not responsible for and disclaim all liability associated with the use, functionality or availability of the Mobile Wallets, any eligible Apple or Android device, or the availability of contactless payment terminals at retailers (either in-store or online).
4.You agree that Westfield and Indue:
a) (where Your Digital Gift Card is registered with Apple Pay) may exchange information with Apple related to the set up and use of Apple Pay and Your Gift Card. By using Apple Pay, You agree that:
i. Apple can provide Westfield and Indue with information, such as your Apple device details, for purposes including providing customer support, detecting and managing fraud, and to comply with applicable law and regulations; and
b) (where Your Digital Gift Card is registered with Google Pay) may exchange information with Google and service providers related to the set up and use of Google Pay and Your Gift Card. By using Google Pay, You agree that:
i. Google can provide Westfield and Indue with information, such as your Android device details, for purposes including providing customer support, detecting and managing fraud, and to comply with applicable law and regulations; and
iii. You agree that Westfield may collect, and provide to Google, aggregated and anonymised reports regarding Google Pay for the purpose of improving Indue’s services.
1.You agree to keep your mobile device and security credentials safe and secure in the same way You would with a physical card and PIN. You also agree to maintain and keep all software on Your mobile device up-to-date in accordance with the directions of Your mobile device’s manufacturer.
2.You acknowledge and agree that any delay or failure to report a lost or stolen device to Us may result in a Digital Gift Card being used without Your consent. If Your device is lost or stolen, or You suspect an unauthorised transaction, You must immediately report this by emailing [email protected].
3.We may at our discretion issue you a replacement Digital Gift Card in certain circumstances. Any replacement Digital Gift Card will have the same unused value of the original Digital Gift Card (as at the time of replacement) and expiry date. You must present the original order confirmation or recipient email. We may subject replacement Digital Gift Cards to verification and security checks in our absolute discretion.
1.Digital Gift Cards are not legal tender, account cards, credit cards or debit cards or securities. Digital Gift Cards are single load cards and refunds onto the same Digital Gift Card cannot be completed.
2.Westfield is not liable for the availability, quality or fitness for purpose of any goods or services purchased with a Digital Gift Card. Any dispute about goods or services purchased with a Digital Gift Card, including any mistaken transactions, must be resolved with the retailer where the original transaction was completed.
3.Except for rights which cannot be excluded, any conditions or warranties implied or imposed by legislation or otherwise are excluded from these conditions of use. To the extent permitted by law, Westfield’s liability in all circumstances is limited to replacing Digital Gift Cards.
4.Indue or Westfield may cancel any Digital Gift Card, or the Digital Gift Card scheme, for any reason at any time without notice. If so, Westfield will either provide a refund or a replacement physical gift card of equivalent value or provide the unused value to you in another way. However, unused value need not be provided to You where Westfield or Indue reasonably suspect fraud in relation to a Digital Gift Card.
1.If you have a query or complaint about the Digital Gift Card, please contact Westfield by emailing [email protected] or calling 1300 790 292 (during Sydney business hours) or visit westfield.com.au or the Concierge Desk in any Westfield shopping centre in Australia.
1.If you provide personal information to Indue, you consent to Indue disclosing your personal information to Westfield and other third parties that: (a) facilitate transaction investigation and assist with identification of suspicious or fraudulent transactions; (b) are our outsourced service providers (for example, data switches); (c) are regulatory bodies, government agencies, law enforcement bodies and courts; and (d) are participants in the payment system and other financial institutions for the purpose of resolving disputes, errors or other matters arising from your use of your Digital Gift Card.
2.You acknowledge and agree that Westfield uses your personal information to manage your use of the Mobile Wallets Providers, present you with updates and to display targeted offers and advertising from time to time.
1.The information in these Terms and Conditions is current as at the date stated at the beginning of this document. We may change, add to or delete the terms and conditions in these Terms and Conditions at any time.
2.If we make any such change, we’ll publish it at www.westfield.com.au/terms-and-conditions#digital-gift-card-product-terms-and-conditions no later than the date when the changes take effect, unless a relevant law requires more advance notice to be provided to you.
3.Apple and Apple Pay are trademarks of Apple Inc., registered in the U.S. and other countries.
Current as at 18 February, 2020
By placing an order for purchase of Physical or Digital Gift Cards via this website ("Order"), you are agreeing to the terms and conditions set out below.
A reference to a:
a) have a device which supports Apple Pay or Google Pay; and
b) be in Australia with location services enabled on their mobile device; and
c) download the Westfield Plus App, create a membership and accept the terms and conditions of the Westfield Plus App; and
a) you will not submit any Content that is unlawful or fraudulent, or that we may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for persons under the age of 16, or otherwise unsuitable for publication;
b) you will obtain prior consent from any person or property that appears in your Content;
c) you will obtain full prior consent from any person who has jointly created or has any rights in the Content, its uses and terms;
d) your Content does not contain viruses and will not cause injury or harm to any person or entity; and
e) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
19. Without limiting any other terms, you agree to indemnify us for any breach of clauses 17-18 and further acknowledge and agree that you have no rights, title or interest in our name, trademarks or logos.
a) Westfield and Indue may exchange information with Apple related to the set up and use of Apple Pay and a Digital Gift Card. By using Apple Pay, You agree that:
a) Google can provide Westfield and Indue with information, such as the recipient’s Android device details, for purposes including providing customer support, detecting and managing fraud, and to comply with applicable law and regulations; and
35. Westfield may collect, and provide to Google, aggregated and anonymised reports regarding Google Pay for the purpose of improving Westfield’s services.
36. You must agree to Google Pay terms and conditions in order to register a Digital Gift Card and use it with Google Pay.
37. Apple Pay or Google Pay may change, discontinue or suspend any or all functionality of its payment platform. Neither Indue or Westfield are responsible or liable for such service disruptions or terminations as they relate to the receipt, activation and use of a Digital Gift Card.
Current as at 18 February 2020
If you purchased a Westfield Gift Card, or received a Westfield Gift Card purchased, before 31 March 2018, it will be valid for one year only and will expire one year after the date of issue as indicated on the back of the card.
If you purchased a Westfield Gift Card, or received a Westfield Gift Card purchased, on or after 31 March 2018, it will be valid for three years and will expire three years after the date of issue as indicated on the back of the card.
These conditions apply to use of the following products (each a gift card):
References to “we, us, our” in these terms and conditions are to either Westfield Gift Cards Pty Limited as Trustee of the Scentre Gift Card Trust or to Westfield Gift Cards No 2 Pty Limited, as indicated on the gift card you hold. A separate contract is created between you and the applicable issuing entity on these terms and conditions for each gift card you hold. We may, in our complete discretion, refuse to sell gift cards to any person at any time for any reason. Purchasing or using the gift card means that you accept the terms and conditions of this agreement.
If you let another person use your gift card, you must tell them that they will be bound by these terms and conditions. NSW law applies to this agreement. By entering into this agreement you unconditionally submit to the jurisdiction of the courts of NSW. A service fee is payable on the issue of a gift card.
IMPORTANT – EXPIRY DATE: THIS CARD WILL EXPIRE THREE YEARS AFTER THE DATE OF ISSUE – SOME RETAILERS MAY NOT ACCEPT WESTFIELD GIFT CARDS.
After the gift card has expired, it is no longer valid and all transactions will be declined. Unused value may not be refunded and may become our property.