Terms and Conditions

General

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.

Find a product

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.

Online Terms and Conditions of Use

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).

1 - About the 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.

2 - Acceptance of terms

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.

3 - Accessing the site

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.

4 - Site membership

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.

5 - Products advertised on the site

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.

6 - Prices & taxes

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:

  • copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Site;
  • 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 Site without the specific prior written consent of a member of the Scentre Group;
  • alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Site which can be accessed through the Site; or
  • use or apply, for commercial purposes any material or information on the Site, without the prior written consent of a member of the Scentre Group.

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.

9 - Security

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:

  • Keep your account passwords private. Remember, anybody who knows your password may access your account.
  • When creating a password, use at least 6 characters. A combination of letters and numbers is best. Do not use dictionary words, your name, email address, or other personal data that can be easily obtained. Scentre also recommends that you frequently change your password. You can do this by going to ‘My Account’ and clicking ‘Change password’,
  • Avoid using the same password for multiple online accounts.
  • Scentre will never ask you to confirm any account or credit card details via email. If you receive an email claiming to be from scentrergroup.com asking you to do so, please ignore it and do not respond.

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).

10 - Viruses, hacking and other offences

You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to our Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

If we become aware that you have breached any law in connection with your use or access of this Site, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

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.

11 - Disclaimers

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:

  • Scentre expressly disclaims any implied or express warranties or conditions of any kind, including non infringement of intellectual property rights relating to information or materials accessible from or on the Site; and
  • Scentre shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Scentre is expressly advised of the likelihood of such loss or damage.

To the extent (if any) that the content of the 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.

12 - Confidentiality

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.

13 - Privacy

Scentre may collect your personal information through your use of the Site or through your contact with Scentre. Any personal data and other information provided by you will be treated by Scentre in accordance with the Online Privacy Policy. By providing any such personal data or other information you agree to the terms of the Online Privacy Policy, and in particular you agree that Scentre or members of the Scentre Group can collect, hold, use and disclose your personal information in the following ways:

  • for the purpose of and incidental to your use of the Site, including facilitating the completion of orders through the Site and other uses and disclosures we required to operate the Site;
  • for the purposes of providing you with news and information about Scentre Group’s events, activities and promotions, both in the Scentre Group’s centres and as part of the Scentre Group’s other activities;
  • 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.
    You may access your personal information by logging into your Site account.

14 - Relevant parties

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.

15 - Waiver

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.

16 - Severability

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.

17 - Applicable 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.

18 - Alterations to Terms and Conditions

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.

19 - Feedback and complaints

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 eshoppersupport@au.westfield.com. 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.

20 - Entire agreement

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.

Wi-Fi Terms of Use and Privacy Terms

The following terms and conditions of use, together with the policies, notices and disclaimers referred to below (Wi-Fi terms of use and privacy terms), govern your use of wireless internet access hotspots provided at selected Westfield shopping centres free of charge by Scentre Limited ABN 95 000 317 279 in conjunction with the owners of the shopping centres managed by Scentre Shopping Centre Management Pty Limited ACN 000 712 710 and its related bodies corporate (referred to collectively as Scentre in the following Wi-Fi terms of use and privacy terms).

In order to use the Westfield common area wireless internet access service (Westfield Wi-Fi Service) you will need to enter your email address and first name, or register via a third party authentication service such as Facebook Connect. By using the Westfield Wi-Fi Service, you accept the following Wi-Fi terms of use and privacy terms, and any modifications that may be made to these terms from time to time. If you do not agree to the terms and conditions you may not use the Westfield Wi-Fi Service.

In the following Wi-Fi and privacy terms:

  • "we", "us" and "our" means Scentre Limited ABN 95 000 317 279 in conjunction with the owners of the shopping centres managed by Scentre Shopping Centre Management Pty Limited ACN 000 712 710 and each of their respective related bodies corporate;
  • "you" and "your" means the user of the device that connects to the Westfield Wi-Fi Service;
  • “Scentre Group” means Scentre Limited ABN 95 000 317 279, Scentre Holdings Limited ABN 66 001 671 496, Scentre Management Limited ABN 41 001 670 579 (as responsible entity of Scentre Group Trust 1) and each of their respective related bodies corporate, and the owners of the Australian Westfield Shopping Centres managed by members of Scentre Group from time to time; and
  • "Third Party Provider" means any supplier of ours that is involved in the provision of the Westfield Wi-Fi Service.
    If you are not 18 years old or older, you must only accept these Wi-Fi and privacy terms with a parent's or guardian's approval.

1 - Wi-Fi terms of use

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:

  • you are liable for all use of the Westfield Wi-Fi Service that occurs in connection with your device, including if you permit another person to use your device or access the Internet via your device;
  • you are fully responsible for your activities while using this Westfield Wi-Fi Service (including for any content, information and other materials you access or transmit via the Westfield Wi-Fi Service) and you agree that you bear all risks regarding use of this Wi-Fi Service;
  • you acknowledge that you understand the risks of unencrypted access to the Internet, and will take any necessary security precautions, including encrypting confidential transmissions, backing up any data and protecting your system and device with a firewall; and
  • you agree that security of your equipment and data, including safeguarding against the risks of hacking, viruses, eavesdropping, and all other such hazards, is your responsibility and not the responsibility of Scentre Group.
    Scentre Group does not take any responsibility for any user data which traverses the Westfield Wi-Fi Service network. Scentre Group cannot guarantee that your data will not become lost, damaged, or intercepted in transit using this Internet connection and does not take responsibility if you lose an email or a download or any other kind of transmission, or if someone gains access to your passwords, or for any other like circumstances. Accordingly, any information which you transmit using the Westfield Wi-Fi Service, including for example, credit card details or personal information, is transmitted at your own risk and Scentre Group is not responsible while such information is in transit. 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).

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.
Scentre Group may collect personal information from you, including the type of device you are using to access the Westfield Wi-Fi Service, the time you are accessing the Westfield Wi-Fi Service, the amount of data you download, and your media access control address. Any personal data and other information provided by you will be processed by Scentre Group in accordance with the Wi-Fi Privacy Terms (set out below) and the Scentre Group Privacy Policy available at http://westfield.com.au/au/help/privacy-policy. By providing any such personal data or other information you agree to the terms of the Wi-Fi Privacy Terms (set out below) and the Scentre Group Privacy Policy available at http://westfield.com.au/au/help/privacy-policy and in particular you agree that Scentre Limited or members of the Scentre Group can collect, hold, use and disclose your personal information:

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.

Wi-Fi privacy terms

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).

Scentre Group may, for an indefinite period, use the information for the purposes set out above and for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or push notifications or telephoning users and for such other purposes as set out in our Privacy Policy, which is available at www.westfield.com.au/privacy-policy.

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/unsubscribe.

If you access or log-in to the Westfield Wi-Fi Service, and we hold other personally unidentifiable information that can be associated to you or the device on which you are accessing the Wi-Fi Service (including, but not limited to a device ID number (MAC address)), then that information may be linked with personal information we hold about you as set out in the Wi-Fi Privacy Terms or the Scentre Group Privacy Policy, and will be treated in the same manner as the personal information to which it has been linked.

If you do not want to disclose your personal information to us or you do not agree to us collecting, using and disclosing your personal information as set out in our privacy policy, you are not permitted to join our Wi-Fi network. If you decide not to join our Wi-Fi network, we will not be able to provide you with the free Westfield Wi-Fi Service.

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.

More information, including your right to access your information and how Scentre Group stores your information, is set out in Scentre Group’s Privacy Policy available at https://www.westfield.com.au/privacy-policy. Upon request, Scentre Group will remove your details from its databases. To request details to be removed, please go to https://account.westfield.com.au/unsubscribe or write to the Digital Officer, Level 3, 100 Market Street, Sydney NSW 2011. Information will be removed as soon as reasonably possible in accordance with our Privacy Policy and applicable laws.

Our Privacy Policy contains details on how you may access and correct your personal information, how you may complain about a breach of your privacy and how we will handle any complaint or request.

For more information on our privacy practices, please contact Scentre Group Privacy Officer at Level 28, 85 Castlereagh Street, Sydney NSW 2000 or at privacy@scentregroup.com or by phone on (02) 9358-7000.

Westfield Plus Terms and Conditions

WESTFIELD PLUS MEMBERSHIP, APP AND ASSOCIATED SERVICES – AU & NZ
Current as at 18 February 2020

PLEASE READ THESE TERMS AND CONDITIONS FOR THE WESTFIELD PLUS MEMBERSHIP, APP AND ANCILLARY SERVICES CAREFULLY BEFORE USING THEM.

These Terms and Conditions govern how you as the user (You, Your or User) may create a Westfield Plus Membership and use the Westfield Plus App and each parties’ rights and responsibilities. These Terms and Conditions also include terms that relate specifically to your use of other services which you can use or access through the Westfield Plus App, including Ticketless Parking, Valet Parking, Westfield Digital Gift Cards and Reservations (the Services). The Westfield Plus App is owned and operated by Scentre Digital Pty Limited (ACN 141 708 125) (Us, We, Our or Scentre) for use in Australia and New Zealand.

You should carefully read these Terms and Conditions before you create a Westfield Plus Membership and sign up to use, or otherwise access, the Westfield Plus App in Australia or New Zealand. You should also read all other terms that relate to the Services before you use them through Your Westfield Plus Membership and the Westfield Plus App.

If You DO NOT agree to these Terms and Conditions and all terms relating to the Services, You must NOT create a Westfield Plus Membership or sign up to, use or otherwise access, the Westfield Plus App.

1. WESTFIELD PLUS MEMBERSHIP

1.1. Creation of Your Westfield Plus Membership

1.1.1. In order to access the Westfield Plus Mobile Application (the App), You will need to create a Westfield Plus Membership with Us (Membership). To create a Membership, You will need to enable location services on Your device (see the FAQs for an explanation of why We need this information) and submit Your email address to us (Minimum Requirements). You agree to keep and maintain accurate, complete and up-to-date information that You may provide to Us regarding your Membership.

1.1.2. Once You create a Membership, You are deemed to have accepted these Terms and Conditions and You will be issued with a confirmation email confirming Your Membership.

1.1.3. You must only create and use a Membership if You are at least sixteen years of age and for Your own personal, non-commercial use in Australia or New Zealand. You agree that You will only create and maintain one Membership at any given time. You agree to provide an authorised form of identification in order to verify Your identity if required by Us.

1.1.4. We may decide to change the Minimum Requirements, or accept or reject the creation of a Membership, at Our discretion at any time and for any reason.

1.2. Payment for Services

1.2.1. Please refer to the terms of the relevant Service for details of payment options.

1.2.2. Any reference to dollars in the App or Your Membership is a reference to Australian dollars if You are using the relevant Service in Australia or, alternatively, New Zealand dollars if You are using the relevant Service in New Zealand. Please refer to our Privacy Statement for information about how we determine and use Your location.

1.2.3. You are responsible for the payment of all fees for Services consumed relating to Your Membership. Fees are as advertised in the App and in Centre. If there is an inconsistency in fees, those displayed in Centre take precedence.

1.3. Use of Your Membership

1.3.1. You may not assign or otherwise transfer Your Membership to another party or permit Your Membership details to be used or transferred to any other person.

1.3.2. You agree to only using Your Membership for lawful purposes and that You will not use it to cause nuisance, annoyance, inconvenience to, or otherwise harass, anyone.

2. WESTFIELD PLUS APP

2.1. Acceptance

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. License

2.3.1. We grant You a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to use and access the App in Australia or New Zealand on your personal mobile device, including any content, information and related material that may be made available through the Services or the App, solely for the purposes of accessing and using your Membership and the Services.

2.4. Intellectual Property

2.4.1. We are the owner the App, including the content within in it, or are otherwise appropriately licensed to use and provide the App and its content. Except as permitted by law, You must not in any form or by any means:

2.4.1.1. copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the App;

2.4.1.2. 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;

2.4.1.3. alter, decompile, disassemble, reverse engineer or modify the App or any information or material you receive or access through it; or

2.4.1.4. use or apply, for commercial purposes any material or information on the App without Our prior written consent.

2.4.2. All trademarks, brands and names appearing on the App are the property of their respective owners. Nothing contained in the App is intended to grant any express or implied right to You to use or exploit any patent, copyright, trademark or trade secret information. No trademarks, brands or names, including as part of domain names or email addresses, may be used in any manner that is likely to cause confusion.

2.5. System Requirements and Security

2.5.1. Use of the App requires a mobile device with internet access and certain software, and may require obtaining updates or upgrades from time to time. By accepting these Terms and Conditions, You acknowledge and agree that adhering to and maintaining system requirements are Your responsibility, including any associated fees. Please refer to our Westfield Plus FAQs for further details.

2.5.2. You should follow all security instructions, guides and suggestions issued to You by Your mobile device’s manufacturer or system provider. You are liable for ensuring Your mobile device is locked and encrypted at all times, as well as installing all security and system updates as recommended or provided to You from time to time by Your mobile device’s manufacturer or system provider.

2.5.3. If You choose, or You are provided with, a user verification code or any other piece of information as part of Our security procedures when accessing Your Membership, You must treat such information as confidential and You must not disclose it to any third party. We have the right to disable any user verification code, whether chosen by You or allocated by Us, at any time, if in Our opinion You have failed to comply with any of the provisions of these Terms and Conditions.

2.5.4. We use internet standard encryption technology to encode Personal Information and other data that you provide to Us through the App. Whilst We take appropriate technical and organisational measures to safeguard Personal Information and other data that You provide to Us, You acknowledge that no transmission through the App and over the internet can ever be guaranteed as secure.

2.6. Liability and disclaimer

2.6.1. The App is provided to You on an “as is” and “as available” basis. You acknowledge that the internet can be an unstable and, sometimes, insecure marketplace. At times the App and, consequently, Services consumed in connection with the App, may not be available or online payments may not be successfully processed or may not be accepted for technical or other reasons beyond Our control. In these circumstances, We accept no responsibility and, where required, You will be liable to pay manually for Services consumed.

2.6.2. We do not warrant or guarantee and cannot ensure:

2.6.2.1. 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

2.6.2.2. 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. General

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

3.2.1.1. In order to receive any Member Service Benefit relating to parking, You will be required to add Your vehicle’s number plate to Your Membership profile. You may add up to two (2) number plates to your Membership profile.

3.2.1.2. Once Your number plate has been added to Your Membership profile, that number plate will be eligible to receive a Member Service Benefit when it is in a Car Park that offers Member Service Benefits, even if someone other than You parks the vehicle at a Centre.

3.2.1.3. 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.

3.2.1.4. 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.

3.2.1.5. 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.

3.2.1.6. 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.

3.2.1.7. Any free parking periods or other parking-related benefits may or may not be applied by Us where you have breached these Terms and Conditions, or as otherwise determined by Us in our sole discretion and acting reasonably.

3.2.1.8. 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.

3.2.2. Payment

3.2.2.1. 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 3.2.1.3.

3.2.2.2. If You choose to pay for parking automatically as set out in clause 3.2.2.1,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.

3.2.2.3. If:
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.

3.2.2.4. 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.

3.2.2.5. 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.

3.2.2.6. 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

3.2.3.1. 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.

3.2.3.2. 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

3.2.4.1. At certain Centres, retail staff and contractors may be entitled to discounted Ticketless Parking rates. In order to receive these discounted rates through the App, You must first create a Membership and add your number plate to your Membership profile. You must then visit the concierge desk at the relevant Centre with Your drivers licence and proof of employment (being Your employment contract or recent payslip). Once this has been verified and Your Membership profile updated, You will receive discounted Ticketless Parking rates at that Centre.

3.2.4.2. If You are a retail staff parker who is entitled to access the discounted Ticketless Parking rates pursuant to 3.2.4.1 , You must park in the designated retail staff parking areas in a vehicle that is linked to Your Membership profile. All retail staff parking areas operate on a first in, first served basis and availablity is not guaranteed. In the event that retail staff
parking areas are full, You are required to either find alternative offsite parking or park in public areas of the Car Park. The designated retail staff parking area may change from time to time (including relocation to off-site locations).

3.2.4.3. If You are a retail staff parker and park in public areas of a Car Park under any circumstances, standard Ticketless Parking rates will apply. If You are a contractor parker, You can park anywhere in the Car Park and still receive discounted parking.

3.2.4.4. We may vary the retail staff parking rates at Our discretion by giving You (1) months’ notice of the new rates. We may give such notice via email to You at the email address provided to Us in Your Membership profile or advertise in-Centre.

3.2.4.5. Retail Staff parking benefits are not transferable and You must notify Us of the cessation of Your employment at a Centre.

3.2.4.6. If You have not used Your retail staff parking designation by parking in a retail staff designated area in the Car Park at least once in a period of 60 consecutive days, Your retail staff designation may be suspended until You notify Us of its resumed use and, if required by Us, verify Your employment in accordance with clause 3.2.4.1.

3.2.4.7. Retail staff or contractor parkers engaging in fraudulent activity (as reasonably determined by Us) including “sneak throughs” or “tailgating” and / or using their parker designation for non-work related purposes may have their parker designation cancelled without notice.

3.2.5. Permanent Parkers
If You are a permanent parker, you should refer to Your signed permanent parking agreement for details in relation to fees and additional terms and conditions which specifically apply to You.

3.3. Valet Parking

3.3.1. Use of Valet Parking

3.3.1.1. 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.

3.3.1.2. 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.

3.3.2. Payment

3.3.2.1. You agree to pay for Valet Parking services upon retrival of Your vehicle by Us at Your request by using a payment method at the service desk.

3.3.2.2. 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.

3.3.2.3. 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.

3.3.2.4. 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

3.4.1. At select retailers in Centre, including Restaurants, You may be able to make dining reservations and other types of bookings. You will be automatically redirected out of the App to a third party site to carry out this request. We have no responsibility or liability for such third party sites. You are responsible for reading and agreeing to all applicable terms and conditions governing your use of those sites.

3.5. Westfield Digital Gift Cards

Your use of a Digital Gift Card is governed by the Westfield Digital Gift Card Product Terms and Conditions, and any applicable terms of Your mobile wallet provder. Your use of a Digital Gift Card means that you accept those terms and conditions.

4. GENERAL

The following terms apply to Your Membership, the App and the Services.

4.1. Definitions

4.2. In these terms, the following definitions apply:

4.2.1. Apple Pay means the mobile payment and digital wallet service provided by Apple, Inc. which facilitates payments through an eligible Apple mobile device;
4.2.2. Car Park means a specified location for parking vehicles that is operated by Scentre Group or its designated parking provider;
4.2.3. Centre means a Westfield Centre owned and operated by Scentre Group;
4.2.4. 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.
4.2.5. Google Pay means means the mobile payment and digital wallet service provided by Google LLC which facilitates payments through an eligible android mobile device;
4.2.6. 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;
4.2.7. 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;
4.2.8. Restaurant means a participating dining retailer in a Centre;
4.2.9. Scentre Group means means Scentre Shopping Centre Management Pty Limited (ACN 000 712 710) in Australia or Scentre Shopping Centre Management (NZ) Limited (NZBN:9429038156342) in New Zealand (in each case, the Manager), each of the Manager’s related bodies corporate, each person with whom the Manager or any of its related bodies corporate is in joint venture or partnership, and each entity, trust, partnership or fiduciary arrangement (including each managed investment scheme) of any nature of which the Manager or any of its related bodies corporate has been, is or becomes the trustee, manager or responsible entity including, without limitation, Scentre Group Trust 1, Scentre Group Trust 2 and Scentre Group Trust 3;
4.2.10. Ticketless Parking means parking services provided by using Your vehicle’s number plate for the purposes of collecting payment for the period of time Your vehicle has occupied a parking space at a Car Park; and
4.2.11. Valet Parking means parking services provided to You where Your vehicle is parked and retrieved by Us or Our nominated provider.

4.3. Termination

4.3.1. You may close your Membership with Us at any time by attending a concierge desk at a Centre or sending Us an email and requesting to terminate Your Membership.

4.3.2. We may immediately terminate Your Membership or cease providing Services to You if:

4.3.2.1. You have breached these Terms and Conditions or have otherwise used Your
Membership or the Services for an illegal or improper purpose; or

4.3.2.2. We determine to cease offering Memberships and / or any of the Services (in whole or in part) for any reason.

4.4. Liability and disclaimer

4.4.1. You are solely liable for all activities which occur pursuant to Your Membership and the Services You consume. You must notify Us immediately if You become aware of any unauthorised use of Your Membership.

4.4.2. To the extent permitted by law, We are not liable to You for any damage resulting from:

4.4.2.1. use of or reliance on the materials or information on the App; or

4.4.2.2. Your inability to use or access the App or the Services.

4.4.3. Except as otherwise set out in these Terms and Conditions or as agreed by Us in writing and to the extent permitted by law, neither party will be liable or responsible for any indirect, consequential or economic loss, or incidental or punitive damages, however arising, suffered by either party under or in connection with Your Membership, the App and the Services, or these Terms and Conditions, except to the extent such loss, damage, liability or claim is directly caused by the non-breaching party’s negligent act or omission.

4.4.4. 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.

4.4.5. 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:

4.4.5.1. Your use of Your Membership, the App and the Services; and

4.4.5.2. Your breach or violation of any of these Terms and Conditions.

4.4.6. 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.

4.5. Privacy and Your Personal Information

4.5.1. When you create a Membership, you will provide us with certain information that is classified as Personal Information as defined by the Privacy Act 1988 (Cth) or Privacy Act 1993 (NZ), as applicable. Any Personal Information provided by you will be processed by us in accordance with the Westfield Plus Privacy Statement and Our Privacy Policy.

4.5.2. If You have opted in to receive promotional communications and marketing material from Us, You agree that Your Personal Information may be used for the purposes set out in the Westfield Plus Privacy Statementand Our Privacy Policy

4.5.2. If You have opted in to receive promotional communications and marketing material from Us, You agree that Your Personal Information may be used for the purposes set out in the Westfield Plus Privacy Statement. You may opt out of these Services at any time by following the unsubscribe link in the footer of the marketing emails or as otherwise stated in the FAQs or by contacting Us.

4.5. General

4.6.1. Authority: You represent and warrant that you have full power to enter into and perform your obligations under these Terms and Conditions.

4.6.2. 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.

4.6.3. Amendments: We may, in Our absolute discretion amend, vary, or replace these Terms and Conditions at any time (effective immediately) without giving a reason by posting any amendments, variations or replacement terms and conditions on Our website at or in the App via the ‘Terms’ item in the main menu. You will be bound by the amended, varied or replaced terms and conditions until you close Your Membership.

4.6.4. Assignment: We may assign, novate or otherwise deal with any of our rights or obligations under these Terms and Conditions without obtaining Your consent.

4.6.5. 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.

4.6.6. Governing law: If Your use of the App or Services occurs in Australia or New Zealand, as reasonably determined by Us based on the Your device’s location information, We both agree to be bound by the laws of New South Wales, Australia or the laws of New Zealand, respectively. We both agree to submit to the exclusive jurisdiction of courts exercising jurisdiction those respective regions.

4.6.7. 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.

Digital Gift Card Product Terms and Conditions

Current as at 18 February 2020

1. General

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.

2. Using a Digital Gift Card

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).

3. Issuing, activating and using a Digital Gift Card

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
d) Agree to any applicable terms of use, privacy policy and / or any other terms of Apple Pay or Google Pay.

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 1.1.3.6, You agree that, in addition to other available remedies, Westfield or Indue may cancel a Digital Gift Card or block a transaction.

4. Validity Period

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.

5. Mobile Wallets

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 giftcards@westfield.com.au. 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.

2.In addition, to use a Digital Gift Card, You must agree to any applicable terms of use of Your Mobile Wallet Provider’s terms and conditions, privacy policy and / or any other applicable terms.

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
ii. Westfield and Indue can provide Apple with information including information about Your transactions for the purpose of operating and generally improving Apple Pay. Apple's data collection and handling practices are in accordance with their privacy policy (available at https://www.apple.com/au/legal/privacy/en-ww/).
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
ii. Westfield and Indue may provide Google and its service providers with information (including transaction information) for the purpose of operating and generally improving Google Pay. Google’s data collection and handling practices are in accordance with their privacy policy (available at http://www.google.com/policies/privacy/).
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.

6. Security and Lost and Stolen Mobile Devices

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 giftcards@westfield.com.au.

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.

7. General

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.

8. Enquirires and complaints

1.If you have a query or complaint about the Digital Gift Card, please contact Westfield by emailing giftcards@westfield.com.au 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.

9. Privacy

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.

3.To find out more about how Westfield and Indue manage your personal information, you can access the privacy policy of Westfield at www.westfield.com.au/privacy-policy and Indue at www.indue.com.au. These sites contain details on how Indue and Westfield respectively deals with any personal information they collect in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. They also contain information about how you can access the personal information each party holds about you and how you can ask to correct that information.

10. Changes to these Terms and Conditions

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.

Gift Cards Online Purchase Terms and Conditions

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:

  • Physical Gift Card means a Westfield-branded gift card that is in a plastic, hardcopy form;
  • Digital Gift Card means a Westfield-branded gift card that is available through the Westfield Plus App and used through a mobile wallet provider on a compatible mobile device; and
  • Gift Card means either a Physical Gift Card, Digital Gift Card or both, as relevant to the context.

Gift Cards General

  1. Physical Gift Cards are subject to the Gift Card Use Terms and Conditions, which are available on our Website and at Concierge Desks in Westfield shopping centres in Australia, owned and operated by Scentre Group.
  2. Digital Gift Cards are subject to the Digital Gift Card Terms and Conditions, which are available in the Westfield Plus App and on our Website, and are issued by Indue Ltd (Indue) at the request of Westfield Gift Cards No 2 Pty Limited (Westfield).
  3. Your Gift Card will expire 3 years from the date of issue as indicated on the back of your Physical Gift Card or, in the case of a Digital Gift Card, as indicated in the Westfield Plus App. You agree that You have no right to receive a refund of any unused value remaining on a Gift Card and that unused value will become Westfield’s property immediately following the expiry date unless Westfield elects otherwise.

Orders

  1. Once accepted, each Order represents a separate Agreement incorporating the terms of that Order, including these terms and conditions and either the Gift Card Use Terms and Conditions or Digital Gift Card Terms and Conditions, as applicable. In the event that there is a conflict between these terms and conditions and the Gift Card Use Terms and Conditions or Digital Gift Card Terms and Conditions, either the Gift Card Use Terms and Conditions or Digital Gift Card Terms and Conditions, as relevant to your Gift Card, will prevail to the extent of the inconsistency.
  2. You may place an Order by following the instructions on the Website. Your Order will be submitted when you complete your payment details and indicate your acceptance by activating the "Pay Now" button. Orders will be deemed to have been received and accepted by us at the time we send an Order confirmation to your nominated e-mail address.
  3. Physical Gift Cards purchased online are delivered dormant and will require you to perform a security confirmation using a unique code to enable the card for use. This unique code is sent at the time of dispatch to the recipient’s email address and / or mobile number provided by you. Refer to our FAQs for more information on how to complete the security confirmation.
  4. Digital Gift Cards purchased online are delivered via email directly to the nominated recipient and will require provisioning through the Westfield Plus App in order to add to the Apple or Google wallet. A recipient email must be provided at the time of ordering and a delivery date selected to enable the delivery of a Digital Gift Card. In order to redeem a Digital Gift Card, the recipient must first agree to the Westfield Plus App Terms and Conditions which include the Terms and Conditions for Westfield Digital Gift Cards and are available in the Westfield Plus App and on the website. Refer to our FAQs for more information on how to provision a Westfield Digital Gift Card.
  5. You may place an Order for up to 20 Physical Gift Cards in one Order, with a total value not exceeding $4,000 (excluding service fees). A minimum value of $10 and a maximum of $200 can be loaded on each Gift Card.
  6. You may place an Order for up 20 Digital Gift Cards in one Order, with a total value not exceeding $4,000 (excluding service fees). A minimum value of $10 and a maximum of $200 can be loaded on each Gift Card.
  7. We may change the minimum and maximum amounts that can be loaded onto a Gift Card from time to time at our sole discretion. To purchase more than the permitted number of Gift Cards or to make an Order for an amount exceeding the permitted value, go to our Corporate Gift Card site.
  8. We reserve the right to not accept Orders, including those for commercial quantities of Gift Cards. If we are unable to supply your total Order, we will endeavour to contact you to discuss whether you wish to proceed with the part of the Order.
  9. We reserve the right to cancel any Order at any time, without notice, for any reason.
  10. If you wish to cancel an Order, you must immediately notify our Customer Support team via giftcards@westfield.com.au, quoting the order number. Orders that have already been processed cannot be cancelled. Where possible, we will endeavour to process cancellation requests and provide you with a refund, but we will not be liable, to the extent permitted by law, for any failure to do so.
  11. You acknowledge that the internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available; Digital Gift Cards may fail to be delivered within advised or expected timeframes; or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances we accept no responsibility to the maximum extent permitted by law. We do not warrant and cannot ensure the security of any information transmitted, or a person on your behalf transmits, to us. Accordingly, any information which you transmit to us, including your credit card details, is transmitted at your own risk and we are not responsible while such information is in transit. The Australian Government has published additional information here about protecting yourself in online transactions (that website is not operated by us).

Using a Gift Card

  1. In order to use a Physical Gift Card, refer to our FAQs for further information.
  2. In order to activate and use a Digital Gift Card, the recipient will need to:
    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
    d) agree to any applicable terms of use, privacy policy and / or any other applicable terms of Apple Pay or Google Pay.

Video and photo messaging content

  1. You agree that you are fully responsible for any messages, recordings, music, sound and images or other content (Content) you submit to us in connection with our Gift Cards. We are not liable in any way for such Content to the full extent permitted by law. We may remove any Content without notice for any reason whatsoever. You warrant and agree that:
    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.
  2. When you submit any Content, you license and grant to us, our affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for the purposes of, and incidental to your purchase of Gift Cards (including printing of Content onto Gift Cards or sharing Content with recipients of Gift Cards), or for any other purposes to which you, either expressly or impliedly, consent to, without compensation, restriction on use, attribution or liability. You agree that you have the full authority to grant these rights. Any Content provided by you will be processed by us in accordance with the Scentre Group Privacy Policy.
  3. 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.

Payment

  1. Payment for Orders is to be made by a valid credit card. In addition to these methods, if you are a corporate customer using our Corporate Gift Card site or Corporate Portal, you may also pay using a direct deposit.
  2. Where you have elected to pay for your Order using a credit card, we will process payment for your Order once you click on "Pay Now", plus any delivery charges, and service fees as itemised on the final screen which indicates your acceptance of this contract (Total Amount) using your nominated credit card via a secure payment gateway. You authorise us or our third party provider to debit the Total Amount from your nominated credit card. If your nominated credit card is declined by your financial institution, we will not be required to fulfil the Order, and may contact you to make alternative payment and delivery arrangements. In the case of a Digital Gift Card, Indue as the issuer of the Digital Gift Card is not responsible for your funds until the recipient is sent an email from Westfield with a link to a Digital Gift Card.
  3. We may decide at any time not to accept payment from you for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed. We will not process any Order until the payment has been received and will not be liable for any delay from banking delays or misdirected payments.

Delivery, risk & title

  1. Physical Gift Cards are only available for delivery within Australia. All Orders are delivered via Australia Post, Toll DX or Toll Priority to a nominated residential or business address. Gift Cards cannot be delivered to a P.O Box or Locked Bag address. Australia Post, Toll DX and Toll Priority are sub-contracted to us for carrying out delivery of Gift Cards ordered online. Any issues regarding delivery of Gift Cards should be referred to our Customer Support team by emailing giftcards@westfield.com.au.
  2. We will endeavour to deliver your Physical Gift Card within the recommended time frame outlined on the website during the ordering process. You acknowledge that we cannot guarantee on time delivery and delays may occur.
  3. Digital Gift Cards are available for delivery to any valid email address. Any issues regarding delivery of Digital Gift Cards should be referred as soon as possible to our Customer Support team by emailing giftcards@westfield.com.au.
  4. We will endeavour to deliver your Digital Gift Card on your nominated date, however all Orders are subject to security checks and funds being received in full. You acknowledge that this process may take up to 2 business days and delay delivery.
  5. To the maximum extent permitted by law, we will not be liable to you or anyone else for any losses suffered or incurred due to delay in delivery or for any lost or misdirected Gift Cards, including any Gift Cards lost or misdirected in the mail or electronically or where the incorrect delivery address or email address is provided at the time of purchase.
  6. Subject to payment, property and risk in the Gift Card passes to you upon dispatch of the Gift Card to your nominated delivery address or email account.

Privacy

  1. The Scentre Group Privacy Policy applies to all interactions with this website, including an Order, and all other related sites and services operated or provided by us.
  2. You acknowledge and agree that by providing us with any personal or proprietary user information through the website or by any other means, you consent to the transmission of such personal or proprietary user information to us and relevant third parties, as necessary, for processing and activating your Order.

Additional information - Digital Gift Card orders only

  1. You acknowledge and agree that the use of a Digital Gift Card remains subject to any terms and conditions of Apple Pay and Google Pay.
  2. You agree that:
    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:
  3. Apple can provide Westfield and Indue with information, such as the recipient’s Apple device details, for purposes including providing customer support, detecting and managing fraud, and to comply with applicable law and regulations; and
  4. Westfield and Indue can provide Apple with information including information about transactions for the purpose of operating and generally improving Apple Pay. Apple's data collection and handling practices are in accordance with their privacy policy (available at https://www.apple.com/au/legal/privacy/en-ww/).
  5. You must agree to Apple Pay terms and conditions in order to register Your Digital Gift Card and use it with Apple Pay.
  6. We may exchange information with Google and service providers related to the set up and use of Google Pay and a Digital Gift Card. By using Google 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
    b) Westfield and Indue may provide Google and its service providers with information (including transaction information) for the purpose of operating and generally improving Google Pay. Google’s data collection and handling practices are in accordance with their privacy policy (available at http://www.google.com/policies/privacy/).
  7. Westfield may collect, and provide to Google, aggregated and anonymised reports regarding Google Pay for the purpose of improving Westfield’s services.
  8. You must agree to Google Pay terms and conditions in order to register a Digital Gift Card and use it with Google Pay.
  9. 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.

Additional information - corporate orders only

  1. If you are ordering more than 20 Gift Cards or placing an Order with a total value exceeding $4,000 (excluding service fees) or are purchasing on behalf of a registered Australian company, you may make an order using our Corporate Gift Card site or as a registered corporate customer within our Corporate Portal, where a minimum value of $10 and a maximum of $500 can be loaded on each Gift Card.
  2. When you use the Corporate Portal, your login details are our way of identifying a user and providing access to our Corporate Gift Card Service. You acknowledge that we may allow access to the services offered on this Corporate Portal to anyone who enters the Corporate Portal and uses your login details consisting of a valid and active username and password. You are responsible for the use of this Corporate Portal and service including anyone who uses it in connection with your corporate account and your login details.
  3. You indemnify us in respect of all use by you of our Corporate Gift Card site or Corporate Portal, with your consent or in connection with your Corporate Orders, except to the extent that we have expressly authorised that use. You and your organisation are solely responsible for any loss caused by use of your login details by you or any other person, including any use not approved or contemplated by you. You will not change, hack into or otherwise interfere with the operation of this website, including the Corporate Gift Card site and the Corporate Portal, or any information contained within it. You must notify us immediately by emailing our Customer Support team at giftcards@westfield.com.au if you know of or suspect any unauthorised use of the Corporate Portal, including unauthorised access utilising your login details.
  4. You must use a valid email address and Australian Business Number. One valid address per customer is permitted.
  5. You can cancel your corporate account or update your company information by contacting our Customer Support team by email giftcards@westfield.com.au.
  6. As a Corporate customer, you can choose how you would like to receive marketing communications, including direct marketing, if at all. Please be aware that if you choose not to receive such communications, certain offers attached to the products or services you have chosen may be affected. We will still communicate with you in connection with servicing your account, fulfilling your requests, or administering any promotion or any program. If you do not wish to receive marketing please contact us via the Contact Us section of the Corporate Portal, or by emailing giftcards@westfield.com.au.

Gift Card Product Terms and Conditions

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):

  • Westfield Gift Cards issued by Westfield Gift Cards Pty Limited ACN 113 171 663 as Trustee of the Scentre Gift Card Trust;
  • Westfield XS Gift Cards issued by Westfield Gift Cards Pty Limited ACN 113 171 663 as Trustee of the Scentre Gift Card Trust; and
  • Westfield Gift Cards issued by Westfield Gift Cards No 2 Pty Limited ACN 130 151 861.

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.

  1. Westfield Gift Cards are redeemable at participating retailers in Australia with eftpos facilities (some retailers may not accept Westfield Gift Cards). A list of participating retailers located in Westfield shopping centres is available at westfieldgiftcards.com.au.
  2. Gift cards purchased at a Concierge Desk in a Westfield shopping centre will be activated within 48 hours of purchase or, if you have a gift card which was purchased online, it will be activated following security confirmation. Gift cards cannot be redeemed for cash, cannot be used for cash equivalent transactions (such as bill payments, purchase of financial products or foreign currency, or gambling transactions), reloaded, returned for a refund or have their balances consolidated to a new gift card. We may in our sole discretion elect to cancel a gift card or block such a transaction if you attempt to do so. Gift cards are not legal tender, account cards, credit or debit cards or securities.
  3. Keep your gift card secure and treat it as you would treat cash, as anyone holding the gift card can use its value to make purchases. If your gift card is lost or stolen, or you suspect an unauthorised transaction, immediately report this by calling 1300 790 292 (during Sydney business hours). We may be able to stop gift card value being used, but require the card number, original balance and expiry date.
  4. We may replace a faulty, lost or stolen gift card. Any replacement gift card will have the same unused value (at the time of replacement) and expiry date. Apply at the Concierge Desk at any Westfield in Australia or email giftcards@scentregroup.com. You must present the original receipt and reference number (located on the back of the gift card). Make a record of the reference number and keep this separate from your receipt. Gift cards will be void if they are defaced, mutilated, altered or tampered with in any way. We may subject gift cards to verification and security checks in our absolute discretion.
  5. If you have a query or complaint about the gift card, please raise it through any of our contact channels. We are not liable for the availability, quality or fitness for purpose of any goods or services purchased with the gift card. Any dispute about goods or services purchased with the gift card must be resolved with the supplier. 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, our liability is limited to replacing faulty gift cards.
  6. If you think there has been a mistaken transaction on your gift card contact the store where the mistake was made.
  7. Our contact channels are calls to 1300 790 292 (during Sydney business hours), westfieldgiftcards.com.au or the Concierge Desk in any Westfield shopping centre in Australia.
  8. We may cancel any gift card, or the gift card scheme, for any reason at any time without notice. If so, we may either provide a refund or a replacement gift card of equivalent value unless we reasonably suspect fraud in relation to a gift card. The gift card remains our property.
  9. We can vary or replace these conditions from time to time (including to introduce new fees) by updating the Terms & Conditions available at westfieldgiftcards.com.au. The current version of these conditions is available through our contact channels.

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.

Westfield Direct Terms and Conditions

Current as of 27/03/2020

1. General

1.1 For the purposes of these terms and conditions:

1.1.1 “Order” means an order placed by You with a Retailer using Westfield Direct;

1.1.2 “Pick-Up Point” refers to the drive-thru collection point, as nominated by Us from time to time, where You collect Your Order from;

1.1.3 “Retailer” refers to the merchant offering and providing the goods for sale and purchase through Westfield Direct;

1.1.4 “Retailer Terms” means the terms and conditions, including refund and returns policies, as maintained and determined by the Retailer in relation to any goods they offer, including goods forming an Order;

1.1.5 “Westfield Direct” refers to the website operated by Us for the purpose of facilitating Orders for goods placed by You with a Retailer;

1.1.6 “We”, “Us”, “Our” or “Westfield” refers to Scentre Limited ACN 000 317 279 together with its related bodies corporate; and

1.1.7 “Your” or “You” refers to the purchaser of any goods ordered and paid for through Westfield Direct;

2. Our relationship with You

2.1 Westfield is the operator and promoter of Westfield Direct. Westfield is responsible for facilitating an Order and assisting You with any enquiries You have regarding Your Order and use of Westfield Direct.

2.2 You acknowledge that Westfield acts as agent only for the Retailers listed on Westfield Direct to the extent that Westfield facilitates an Order. You acknowledge that Westfield does not produce or pack an Order and the listing of a Retailer on Westfield Direct does not constitute an endorsement by Us of that Retailer or any goods the Retailer offers.

2.3 Other than an agency, these terms and conditions do not create or imply any partnership or any other relationship between Us and any Retailer or You. To the maximum extent permitted by law, Westfield accepts no liability for any loss or damage incurred in connection with an Order, including the Retailer’s actions, negligence or omission.

2.4 You acknowledge and agree that, in addition to these terms, the Retailer’s Terms apply to Your Order. Where there is an inconsistency with these terms, the Retailer’s Terms take precedence.

2.5 Completing and Order through Westfield Direct means You accept these terms and conditions and the Retailer’s Terms.

Orders and pick up

3.1 Your Order will be submitted when You complete Your payment details and finalise Your Order by clicking the "Pay Now" button. Orders will be deemed to have been received and accepted by Us and the Retailer at the time we send an Order confirmation to the nominated e-mail address.

3.2 Notwithstanding clause 3.1, We reserve the right not to accept or cancel Orders for any reason at any time. If We or the Retailer are unable to supply your Order, either in whole or in part, We will endeavour to contact You as soon as practicable.

3.3 If you wish to cancel an Order or have a problem with your Order, you must immediately notify our Customer Support team via suport@westfield.com.au. Where possible, we will endeavour to assist with processing cancellation or refund requests (subject to the Retailer’s Terms), but We will not be liable, to the extent permitted by law, for any failure to do so. If You are unhappy with Your Order, You should contact Us immediately.

3.4 As facilitator, Westfield is responsible for communicating the pick-up times and Pick-Up Point to You. Westfield or the Retailer will also notify you of any changes to the Order and the contents of the Order to be collected by You at the Pick-Up Point. We will only allow You or a nominated person as set out in the Order to pick up the Order.

3.5 Non-perishable items will remain at the Pick-Up Point up to two (2) days after the designated pick-up time. If the Order is not collected within this period, the Order will be cancelled.
In the event You or your nominated person arrive late by more than 30 minutes past your nominated pick-up time to pick-up your Order and that

3.6 Order includes perishable items, We and the Retailer reserve the right to cancel the Order. In this event, You acknowledge that you may not be entitled to a refund or credit.

Payment

4.1 Payment for an Order is to be made through Westfield’s payment gateway, which may be operated by a third party. You acknowledge that our nominated third parties may process Your personal information, including payment details. You should refer to the Scentre Group Privacy Policy for more details.

4.2 We, or our nominated third parties, may decide at any time not to accept payment from You for any reason. If Your payment is declined, we will not process the Order and may not contact you to inform you that your Order will not be processed as a result. We will not process any Order until the payment has been received and cleared in full and will not be liable for any delay from banking delays or misdirected payments.

Privacy

5.1 The Scentre Group Privacy Policy applies to all interactions with Westfield Direct, including an Order, and all other related sites and services operated or provided by Us.

5.2 You acknowledge and agree that by providing us with any personal or proprietary user information through Westfield Direct or by any other means, you consent to the transmission of such personal or proprietary user information to us and relevant third parties, as necessary, for processing, facilitating and providing your Order.