Current as at June 2023

These terms and conditions of use, together with the policies, notices and disclaimers referred to below (Terms), govern your use of the services at www.westfield.co.nz (Site).

By accessing the Site you acknowledge these Terms and agree to be bound by them. We do not take responsibility for sites of other organisations, whether or not linked, or any device used to access or view our Site. The Site has been prepared in accordance with New Zealand Law.

1. About the site

The Site is operated by Scentre Digital Pty Limited, ACN 141 708 125, Level 30, 85 Castlereagh St, Sydney, 2000 an indirectly wholly owned subsidiary of Scentre Group Limited ACN 001 671 496. The Site is updated by Scentre (New Zealand) Limited, together with its subsidiaries. We collectively refer to these entities in these Terms as "us", "we" or "Scentre".

The Site is an online venue which allows users to do a number of activities, including sign up to be members, to view shopping centre and retailer information and click through to the websites of some individual retailers and partners participating in the Site (Participating Retailers and Participating Partners). In addition to these Terms, you should also refer to the terms and conditions of each Participating Retailer and Partner as these terms govern interaction with Participating Retailers and Partners.

2. Accessing the site

Access to the Site is not provided on a continuous, uninterrupted or permanent basis. Not all sections of the Site can be accessed by all users of the Site. Scentre reserves the right to withdraw or amend the service we provide on the Site without notice. Scentre will not be liable if for any reason the Site is unavailable at any time or for any period.

From time to time, Scentre may restrict access to some parts of the Site, or the entire Site, to users who have registered with us as members. When you register, you are required to provide Scentre with information about yourself which is true, accurate, current and complete in all respects. Scentre may change registration requirements from time to time at its complete discretion. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Scentre has the right to disable any user identification code or password, whether chosen by you or allocated by Scentre, at any time, if in Scentre’s opinion you have failed to comply with any of the provisions of these Terms.

3. Site membership

When you sign up to become a member of the Site, enter any competitions on the Site, or subscribe to Westfield New Zealand shopping centres email newsletters, you will provide us with certain personal information. Your personal information may be used for providing you with news, offers and information about the Site, the Scentre Group Westfield New Zealand shopping centres and promotions run by the Scentre Group Westfield New Zealand shopping centres as well as for the purposes set out in section 12 of these Terms.

4. Prices & taxes

Prices displayed on the Site are in New Zealand dollars ($). Prices displayed on the Site are inclusive of GST on the sale, (if any).

You are responsible for the payment of any and all taxes, duties, charges, imposts or other liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, any additional GST payable or any value added tax imposed on any products or services acquired or ordered by you from the Site. The Site is designed for use by New Zealand residents, and we require all Participating Retailers to provide an estimate of any such liabilities on the assumption that you are a New Zealand resident.

5. Copyright and intellectual property rights

Scentre is the copyright owner of the content of the Site or is licensed by the copyright owner to use the content on the Site. Except as permitted by the Copyright Act 1994, you must not in any form or by any means:

• copy, issue copies, or adapt (by recording in writing or otherwise), works from any information or material on the Site;
• perform, play, show or communicate in public in any form by any process (including sound recording or filming by an apparatus for receiving visual images and sounds) any of the information or material on the Site without obtaining from Scentre specific prior written consent ;
• alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Site which can be accessed through the Site; or
• use or apply, for commercial purposes any material or information on the Site, without obtaining prior written consent from Scentre.

All trademarks, brands and names appearing on the Site are the property of their respective owners. Nothing contained on the Site is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.

6. Links and third-party statements on the site

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. To the extent any permission has been granted to link to the Site, we reserve the right to withdraw linking permission without notice.

The Site may provide links to other independent websites not maintained, controlled by, or associated with, Scentre, including those of Participating Retailers and Partners. Scentre makes no endorsements, representations or warranties about any other website which you may access through the Site, including those of Participating Retailers and Partners (Other Website). Any link to an Other Website is provided as a convenience to users of the Site. Other Websites are not controlled by Scentre and Scentre Group does not monitor or review the content of any Other Website and is not responsible for the accuracy of any information on any Other Website.

Scentre will not routinely monitor or review statements made by persons other than members of the Scentre Group (Third Parties) on the Site. Third Parties may post statements or information on some portion of the Site, from time to time Scentre has the right at all times to remove any Third Party Posted Material from the Site or to edit any Third Party Posted Material, including in response to complaints received in relation to that material. Scentre makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. Scentre expressly disclaims any liability to you for all Third Party Posted Material. Subject to any liability which cannot be excluded by law, Scentre is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of the Site, the use of any other hyper linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Scentre has been expressly advised of the possibility of such loss or damages.

You must indemnify and keep indemnified Scentre in respect of all loss and expense suffered by you as a result of Third Party Posted Material or any Other Website, or both.

7. Security

While Scentre takes appropriate technical and organisational measures to safeguard the personal data that you provide us, no transmission over the internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the Internet to Scentre or its payment gateways.

If you are using a computer or terminal in a public location, Scentre recommends that you always log out and close the website browser when you complete an online session for your security. In addition Scentre recommends that you take the following security measures to enhance your online safety:

• Keep your account passwords private.
• When creating a password, use at least 6 characters. A combination of letters and numbers is best. Do not use dictionary words, your name, email address, or other personal data that can be easily obtained.
• Scentre also recommends that you frequently change your password. You can do this by going to ‘My Account’ and clicking ‘Change password’.
• Avoid using the same password for multiple online accounts.

Scentre will never ask you to confirm any account or credit card details via email. If you receive an email claiming to be from Scentre asking you to do so, please ignore it and do not respond.

8. Viruses, hacking and other offences

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

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

Scentre does not represent that any information (including any file) obtained from or through the Site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Scentre will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information or due to your use of the Site or any Other Website. Where liability may be imposed on Scentre, to the extent permitted by law it shall be limited to the cost of re-supplying that information.

9. Disclaimers

Scentre updates the Site as often as is practicable, but information can change rapidly and we do not guarantee its accuracy at any time. We are not liable for any loss incurred from relying on this site, including data corruption on download. Information on our site is not financial advice - you should obtain advice before making any decision based on information on this Site.

By using the Site, you agree that your access to, and use of, the Site is subject to these Terms and all applicable laws, and is at your own risk. While the information and material contained on the Site is believed to be accurate and current, it is provided by Scentre in good faith on an “as is” basis, and Scentre (including all related entities of Scentre and the directors, officers and employees of the Scentre group) accepts no responsibility for and makes no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site. Any reference to products or services on the Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Scentre.

Scentre expressly disclaims any implied or express warranties or conditions of any kind, including non-infringement of intellectual property rights relating to information or materials accessible from or on the Site.

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

To the extent (if any) that the content of the Site does not satisfy the laws of a country other than New Zealand, it is not directed to persons in those countries and they should not use the Site.

10. 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.

11. Privacy

Privacy on the Site, including the ways in which Scentre collects holds, uses and discloses your personal information, is governed by the terms of our Privacy Policy available at https://www.westfield.co.nz/privacy-policy.

12. Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

13. Severability

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

14. Applicable law

These Terms shall be governed by, construed and enforced in accordance with the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

The Site may be accessed throughout New Zealand and overseas. Scentre makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access the Site from outside New Zealand you do so at your own risk and are responsible for complying with the laws in the place where you access the website.

15. Alterations to terms

Scentre may revise or alter these Terms at any time. Revisions and alterations will be posted on the Site. Users are responsible for reviewing the Site from time to time to ensure compliance. If Scentre makes a request to you to stop using the Site or to promptly return or destroy copies of information provided on the Site, you must immediately comply with that request, and confirm in writing to Scentre within five (5) business days after that request, that you have done so.

16. Feedback and complaints

You can contact us about questions or comments about the Site on +64 9 978 5050 or free calling 0800 937 8343 Monday - Friday 9:00AM - 5:00PM NZT or by email to [email protected]. Complaints about a specific Participating Retailer, Participating Partner or product must be directed to the Participating Retailer or Partner concerned through the contact details provided on the email that you receive confirming that your order is being processed, for resolution directly with them. Scentre has no obligation to help resolve disputes with Participating Retailers or Partners.

17. Entire agreement

These Terms and any document expressly referred to in them represent the entire agreement between you and Scentre and supersede any prior agreement, understanding or arrangement between you and Scentre, whether oral or in writing.

Current as at JUNE 2023

PLEASE READ THESE TERMS AND CONDITIONS FOR THE WESTFIELD 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 membership and use the Westfield app (“the 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 app, including Ticketless Parking, Valet Parking, Westfield Digital Gift Cards and Reservations (the Services). The App is owned and operated by Scentre Digital Pty Limited (ACN 141 708 125) (Us, We, Our or Scentre) for use in Australia and New Zealand.

__You should carefully read these Terms and Conditions and the Westfield membership privacy statement before you create a Westfield membership and sign up to use, or otherwise access, the 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 membership and the Westfield app.

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

1. Westfield membership

1.1. Creation of Your Westfield membership

1.1.1. In order to access the Westfield Mobile Application (the App), You will need to create a Westfield membership with Us (Membership). To create a Membership, You will need to submit Your email address and First and Last Name to us (Minimum Requirements).

1.1.2. You may also need to enable location services on Your device to access and use certain Services, for example, to activate a Westfield Digital Gift Card and to view certain parking information. Please refer to our Privacy Statement for information about how we determine and use Your location.

1.1.3. You agree to keep and maintain accurate, complete and up-to-date information that You may provide to Us regarding your Membership.

1.1.4. Once You create a Membership, You are deemed to have accepted these Terms and Conditions and You will be issued with an email confirming your Membership.

1.1.5. By creating a Membership, You provide Us with certain personal information as set out in, and governed by, our Privacy Statement.

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

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

1.2. Unsubscribing and Cancelling Your Membership

1.2.1. You may unsubscribe from receiving communications from Us in relation to the Services and benefits associated with your Membership at any time by updating Your Account settings in the App, by visiting https://www.westfield.com.au/unsubscribe or by following the unsubscribe link in the footer of the marketing emails. Please be aware that if you unsubscribe, you will not receive any notification of offers or feature launches in respect of the Services or other benefits associated with Your Membership.

1.2.2. You may cancel your Membership at any time by updating Your Account settings in the App or by sending Us a request via https://support.westfield.com.au/hc/en-us/requests/new. If you cancel Your Membership you will no longer be able access or receive the Services or any Membership benefits, including but not limited to parking benefits when you visit a Westfield Centre. Following cancellation of your Membership, Scentre Group may continue to retain and use certain data in relation to you and Your Membership the purposes set out in the Westfield membership privacy statement.

1.3. Payment for Services

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

1.3.2. Any reference to dollars in the App or Your Membership is a reference to Australian dollars if You are using the relevant Service in Australia or, alternatively, New Zealand dollars if You are using the relevant Service in New Zealand.

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

1.4. Use of Your Membership

1.4.1. Subject to 3.2.6, You may not assign or otherwise transfer Your Membership to another party or permit Your Membership details to be used or transferred to any other person.

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

2. Westfield 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 membership Privacy Statement. Further information on why We ask for these permissions can be found in the Westfield membership 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 of the App, including the content within in it, or are otherwise appropriately licensed to use and provide the App and its content. Except as permitted by law, You must not in any form or by any means:

2.4.1.1. copy, adapt, reproduce, broadcast, store, transmit, distribute, print or 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 FAQs for further details.

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

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

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

2.6. Liability and disclaimer

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

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

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 membership 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 use Ticketless Parking at a participating Centre, You will be required to add Your vehicle’s number plate to Your Membership profile. You may add up to two (2) number plates to your Membership profile.

3.2.1.2. Once Your number plate has been added to Your Membership profile, that number plate will be eligible to qualify for Ticketless Parking and / or receive a Member Service Benefit when it is in a Car Park that offers Ticketless Parking and / or Member Service Benefits, even if someone other than You parks the vehicle at a Centre. Member Service Benefits, as they relate to Ticketless Parking, are applied on a per vehicle basis.

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 Member Service Benefits may or may not be applied by Us where you have breached these Terms and Conditions, or as otherwise determined by Us in our sole discretion and acting reasonably.

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

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

3.2.4.3. If You are a retail staff or contractor parker and park in public areas of a Car Park under any circumstances, standard Parking rates will apply.

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

3.2.4.5. Retail staff and contractor parking benefits are not transferable, and You must notify Us of the cessation of Your employment.

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

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

3.2.6. Sharing your vehicle

3.2.6.1. As the Primary Owner of a vehicle, You may share your vehicle’s number plate with a Sharee through the App. Please refer to our FAQS and our Privacy Statement for more information about this feature.

3.2.6.2. Where You have shared your Vehicle’s information with a Sharee, You acknowledge and agree that the Sharee may use Your vehicle and incur fees, damages or loss in connection with it when using the vehicle at a Car Park. In such event, You agree that You will remain liable for all acts and omissions of your Sharee(s) as if they were your own and as they relate to use of Your vehicle in a Car Park pursuant to these Terms and Conditions, including but not limited to obligations to pay fees and limitations on entitlements of Member Service Benefits.

3.2.6.3. In addition to all other applicable terms, if You are a Sharee, You agree to abide by all terms of entry as they relate to parking Services, including Ticketless Parking and Valet Parking, as set out in clauses 3.2.1.8 and 3.3 respectively.

3.2.6.4. If You are the Primary Owner of a vehicle and cancel Your Membership, any Sharees will no longer be able to access or receive any parking benefits associated with that vehicle (unless that Sharee subsequently nominates themselves as the Primary Owner of the vehicle via their Westfield app.

3.3. General

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 retrieval 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 & Bookings

3.4.1. At select retailers in Centre, You may be able to make reservations and other types of bookings including restaurant bookings, bookings for an in-store event or an appointment for certain retailer services. You will be automatically redirected out of the App to a third-party site to carry out this request. We have no responsibility or liability in respect of your access or use of such third-party sites for this purpose or otherwise . You are responsible for reading and agreeing to all applicable terms and conditions governing your use of those sites.

3.5. Westfield Digital Gift Cards

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

4. General

4.1. Our termination rights

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

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

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

4.2. Liability and disclaimer

4.2.1. You are solely liable for all activities which occur pursuant to Your Membership and the Services You consume, including in circumstances where You have shared Your vehicle with a Sharee as set out in clause 3.2.6. You must notify Us immediately if You become aware of any unauthorised use of Your Membership.

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

4.2.2.1. use of or reliance on the materials or information on the app; or

4.2.2.2. Your inability to use or access the app or the Services

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

4.2.4. We do not warrant, guarantee or represent that the Membership, including Member Service Benefits, the app or any Services will be available on a continuous basis or at any particular Centre.

4.2.5. You agree to indemnify and hold Us and Our affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees), arising

4.2.5.1. Your use of Your Membership, the app and the Services; and out of or in connection with:

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

4.2.6. The limitations and disclaimer in this clause 4.4, or as otherwise set out in these Terms and Conditions, do not purport to limit liability or alter Your rights as a consumer that cannot be excluded under applicable law.

4.3. Privacy and your personal information

4.3.1. 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 membership Privacy Statement and Our Privacy Policy.

4.3.2. If You agree to receive promotional communications and marketing material from Us, Your Personal Information may be used for the purposes set out in the Westfield membership Privacy Statement.

4.4. General

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

4.4.2. Compliance with law: We both agree, at all times, to comply with all applicable governing laws as they relate to the app, your Membership and the Services. Nothing in these Terms and Conditions is intended to exclude, restrict or modify any provisions of any legislation which may not be excluded, restricted or modified by agreement.

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

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

4.4.5. No Waiver: If We fail at any time to insist upon strict performance of any of your obligations under these Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under these Terms and Conditions, this will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations. A waiver by Us of any default does not constitute a waiver of any subsequent default. No waiver by Us of any of these Terms and Conditions is effective unless it is expressly stated to be a waiver and is communicated to You in writing.

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

4.4.7. Entire Agreement: These Terms and Conditions and any document or other terms expressly referred to in them represent the entire agreement between you and us relating to the app, Your Membership and the Services and supersede any prior agreement, understanding or arrangement

4.5. Definitions

The following terms apply to these terms, Your Membership, the app and the Services:

4.5.1. Apple Pay means the mobile payment and digital wallet service provided by Apple, Inc. which facilitates payments through an eligible Apple mobile device;

4.5.2. Car Park means a specified location for parking vehicles that is operated by Scentre Group or its designated parking provider;

4.5.3. Centre means a Westfield Centre owned and operated by Scentre Group;

4.5.4. Digital Gift Card means a Westfield-branded gift card in a digital form that is available through the app and used via Apple Pay or Google Pay on a compatible mobile device.

4.5.5. Google Pay means the mobile payment and digital wallet service provided by Google LLC which facilitates payments through an eligible Android mobile device;

4.5.6. Member Service Benefits means certain discounts and other benefits, such as free parking periods and discounted rates or special offers, provided to You by virtue of Your Membership;

4.5.7. Mobile Wallet Provider means a third-party provider, including Apple Inc. and Google LLC, which provides an online service which permits a user to make payments electronically using an eligible mobile device;

4.5.8. Primary Owner is any Westfield Member who has registered themselves as the primary owner of a vehicle via the Westfield app for the purpose of the vehicle sharing functionality.

4.5.9. Scentre Group means Scentre Shopping Centre Management Pty Limited (ACN 000 712 710) in Australia or Scentre Shopping Centre Management (NZ) Limited (NZBN: 9429038156342) in New Zealand (in each case, the Manager), each of the Manager’s related bodies corporate, each person with whom the Manager or any of its related bodies corporate is in joint venture or partnership, and each entity, trust, partnership or fiduciary arrangement (including each managed investment scheme) of any nature of which the Manager or any of its related bodies corporate has been, is or becomes the trustee, manager or responsible entity including, without limitation, Scentre Group Trust 1, Scentre Group Trust 2 and Scentre Group Trust 3;

4.5.10. Sharee means a person (invitee) who has been invited by another Member (invitor) to view and connect the invitor’s vehicle’s number plate with the invitee’s Membership;

4.5.11. Ticketless Parking means parking services provided by using Your vehicle’s number plate for the purposes of collecting payment for the period of time Your vehicle has occupied a parking space at a Car Park; and

4.5.12. Valet Parking means parking services provided to You where Your vehicle is parked and retrieved by Us or Our nominated provider.

Ticketless Parking Terms and Conditions

[Westfield Gift Card Terms and Conditions]

1. Information on how to enter and prize form part of these Terms and Conditions. Participation in this “Y__our Chance to Win A Family Holiday to Star Wars Galaxy’s Edge__” Promotion (“Promotion”) is deemed acceptance of these Terms and Conditions. All times stipulated in these Terms and Conditions are based on New Zealand Daylight Time (NZDT).

ELIGIBILITY

2. Subject to conditions 3 and 4 of these Terms and Conditions, this Promotion is only open to New Zealand residents aged 16 years or over.
3. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this Promotion.
4. The following are ineligible: (i) employees (and their immediate family) of the Promoter, Scentre Group or any of the Promoter’s agencies that are associated with the Promotion; (ii) employees of The Walt Disney Company, and each of its respective parent, affiliates, and subsidiaries, (iii) employees of Flight Centre Travel Group Limited, and each of its respective parent, affiliates, and subsidiaries and (iv) any person who the Promoter has previously notified is not permitted to enter the Promoter’s promotions. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

PROMOTION PERIOD

5. This Promotion commences on 28/03/2024 at 9.00am NZDT and ends at 9:00pm NZDT in each Participating Centre on 29/04/2024 (“Promotion Period”).

HOW TO ENTER

6. A participating centre is any Westfield shopping centre in New Zealand (each a “Participating Centre”).
7. To enter this Promotion, eligible individuals must, during the Promotion Period, undertake the following steps:

• Download the Westfield Application (the “App”) and register their details and become a Westfield member (if not done so already). Once registered, they will be provided a member ID. The App is available for free download via the App Store or Google Play. By completing this step, individuals agree to the Westfield Membership Terms and Conditions (at https://www.westfield.co.nz/terms-and-conditions#westfield-membership-terms-and-conditions) and the Westfield Privacy Statement (https://www.westfield.co.nz/privacy-policy#westfield-membership-privacy-statement);
• Open the App, using their mobile device, in a Participating Centre; and then
• Scan the entry QR code, ensure location services are enabled and enter the competition via the App, including adding your full legal first and last name (matching your photographic ID), phone number (and verify phone number when prompted). QR codes will be located at Customer Service Desk and in various locations within the Participating Centre.

LIMITS ON ENTRY

8. Multiple entries permitted, subject to the following: (a) each entry must be submitted separately and in accordance with entry requirements; (b) a maximum of one (1) entry is permitted per person per day per Participating Centre; and (c) a maximum of five (5) entries per person per day is permitted.

DRAW DETAILS

9. The draw will take place at Anisimoff Legal, 3 Amy Close, Wyong NSW 2259 at 12:00pm (noon) AEDT on 02/05/2024. The Promoter reserves the right to draw additional reserve entries in case of an invalid entry or invalid entrant.

WINNER NOTIFICATION

10. The provisional winner will be notified in writing within two (2) business days of the draw. A provisional winner will only be deemed a winner once verified by the Promoter. Provisional winner’s name will be published in the “Your chance to Win A Family Holiday to Star Wars Galaxy’s Edge” Provisional Winner Article on the App on 04/05/2024.

PRIZES

11. The first valid entry randomly selected, from all valid entries received will win a family trip to Star Wars Galaxy’s Edge at Disneyland Resort in Anaheim California, USA booked through Flight Centre, valued at up to AUD$13,500 depending on date and point of departure. Prize is for 2 adults and 2 children aged between 2 and 11 years inclusive at time of travel for the purpose of airfares, and aged between 3 and 17 years inclusive at time of travel for the purpose of Disneyland passes/accommodation and includes:

• Return economy airfares from Auckland or Christchurch, New Zealand to Los Angeles, LAX;
• Three (3) nights accommodation at a Disneyland Resort hotel property (or Disneyland Resort area hotel) in Anaheim California, USA in a standard quad occupancy room;
• Return airport to hotel transfers; and
• A three (3) day Park Hopper Pass to Disneyland Resort per person. This includes entry to Disneyland Park (which includes Star Wars Galaxy’s Edge) and Disney California Adventure Park.

Spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, baggage fees, car parking, insurance (health, travel or medical), parking fees, room service, laundry service, spa treatments, food or beverages, merchandise, souvenirs, incidental expenses local or long distance telephone calls, tips, gratuities, service charges, any other items of a personal nature, in-room charges and all other ancillary costs are not included. Airfares must be booked at least 90 days before intended departure and no later than 31/12/2024 for travel between 01/09/2024 and 31/08/2025 and is subject to booking and flight availability. Disneyland Resort tickets must be used between 01/09/2024 and 31/08/2025. Terms and conditions as set forth herein and on the Park tickets shall apply. An inability to use any theme park tickets will result in forfeiture of such tickets. Prize cannot be taken during New Zealand school holidays, public holidays (in New Zealand or USA) or other peak periods.
12. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner and their guests must depart from and return to the same departure point and travel together on the same itinerary. Once selected by a prize winner, guests cannot be changed without the express consent of Disney, which may be withheld for any reason. Frequent flyer points will not form part of the prize. To the extent permitted at law, the prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in. A prize winner may not charge any Guest for participating in the prize. Subject to conditions 36 and 37, the prize is awarded “as is” with no warranty or guarantee, expressed or implied, being provided by the Promoter, Disney or Flight Centre Travel Group Limited.
13. Each prize winner and his/her guests are responsible for having valid travel documents including government-issues identification and passports. And insurance (health, travel and medical), as applicable.
14. A prize winner will not receive compensation for any element(s) of the prize (including, without limitation, theme park tickets) that any participant(s) is unable to use for any reason, and such unused portion(s) of the prize will be forfeited. If a prize winner chooses to bring less than the allotted number of guests, the prize will be awarded in increments suitable for the actual number of participants with no substitute prize or compensation provided to such prize winner.
15. The prize and booking of the prize are subject to the standard booking terms and conditions of Flight Centre and the airline’s conditions of carriage. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades. Promoter, Flight Centre and Disney are not liable for any expenses incurred as a consequence of flight cancellation/delay. Theme park tickets are subject to the terms and conditions set forth therein and included on the theme park tickets. Both a theme park ticket and separate theme park reservation for the same park on the same date are required for park entry for the prize winner and each guest. Theme park reservations and tickets will be required for each day of the visit and must be obtained before visiting. The winner will be responsible for making theme park reservations on behalf of their group. Park reservations are limited and subject to availability. Park reservations do not guarantee park admission or access to any experience, attraction, or offering. The winner and their guests should visit www.Disneyland.com/updates for important details to know before traveling to a Disneyland Resort. Certain theme parks, hotels, restaurants, attractions, experiences, services and other offerings may be modified, limited in availability and capacity, or be closed. Any damaged, lost or stolen theme park tickets or travel vouchers will not be replaced.
16. There may be specific state or government health agency instructions, guidelines and requirements for all visitors to Disneyland. Each prize winner and their guests acknowledge that there is a risk that they may be exposed to COVID-19, and they enter Disneyland Resort at their own health and safety risk. The winner and guests are solely responsible, at their own cost, for staying updated on and complying with any of the latest restrictions and requirements that may be in place for travel to and visiting Disneyland leading up to the planned stay and should visit https://disneyland.disney.go.com/experience-updates/ for more information on health and safety risks. Prize winner and/or their guests who are under isolation or quarantine orders should not enter the Disneyland Resort. If at any point during their visit, a prize winner or their guest tests positive for COVID-19, they and their traveling party may be required to isolate and may be relocated or asked to leave the property. Such restrictions and requirements are subject to change.
17. Each prize winner acknowledges that he/she is solely responsible for any actions, claims or liabilities of the prize winner and their guests, related to any use or misuse of the prize or any prize-related activity or travel.
18. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter, reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.
19. To the extent permitted at law, as a condition of accepting a prize, the winner (their companion/s) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers (including Disney and Flight Centre) in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner or winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.

UNCLAIMED PRIZE DRAW

20. A draw for the prize if unclaimed, will take place on 03/06/2024 at the same time and place as the original draw, subject to any written directions from a regulatory authority. The winner, if one is required, will be notified in writing within two (2) business days of the draw. Winner’s name will be published in the “Win A Family Holiday to Star Wars Galaxy’s Edge” Provisional Winners Article in the App on 05/06/2024.

GENERAL

21. Incomplete, indecipherable or illegible entries will be deemed invalid.
22. The Walt Disney Company, Flight Centre Travel Group Limited, and each of their respective parent, affiliates, and subsidiaries are not responsible for the promotion, administration or execution of the Promotion.
23. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
24. If a winner of a prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
25. If for any reason a winner does not take the prize or an element of the prize at the time stipulated, then the prize or that element of the prize will be forfeited and will not be redeemable for cash.
26. If any prize (or part of any prize) is unavailable due to reasons beyond the control of the Promoter, the Promoter at its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
27. Total prize pool value is up to AUD$13,500.
28. The actual value of the prize may vary depending on the point of denature, fluctuations of hotel rates and airfares, and fluctuations in the currency exchange rates for U.S. Dollars. Any difference between approximate retail value and the actual cost of the/each prize will not be awarded.
29. The prize, or any unused portion of the prize, is not transferable or exchangeable, unless otherwise specified.
30. Entrants consent to the Promoter and/or prize suppliers (including Disney and Flight Centre) using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter and/or prize suppliers (including Disney and Flight Centre).
31. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
32. The Promoter is not responsible for any loss suffered by any person that participates in any unauthorised operation or activity that holds itself out to be associated with this promotion in an unlawful manner, including but not limited to scams and phishing expeditions. The Promoter accepts no responsibility for any activities that are not conducted under its express authorisation, to the fullest extent permitted by law. 
33. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority to modify, suspend, terminate or cancel the Promotion, as appropriate.
34. The Promoter’s decision is final and no correspondence will be entered into.
35. Any cost associated with accessing the App is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
36. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, the Scentre Group of companies, Flight Centre and Disney(including their respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
37. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, the Scentre Group of companies, Flight Centre and Disney (including their respective officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or correspondence that is late, lost, altered, damaged or misdirected (whether received by the Promoter or not) due to any reason beyond the reasonable control of the Promoter; (d) any variation in the prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by an entrant or winner; or (f) use of the prize.
38. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Competition promotional materials and these Terms and Conditions, these Terms and Conditions shall prevail and govern the Competition.

PRIVACY

39. In order to conduct this Promotion, the Promoter needs to collect personal information about each entrant and may for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and regulatory authorities. Participation in the Promotion is conditional on providing this information. It is a condition of entry that the entrant agrees to being entered into the Westfield database. The Promoter and the Scentre Group may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant and for such other purposes as set out in the Scentre Group Privacy Policy. Entrants should direct any request to access, update or correct information to the Promoter. All personal details of entrants will be stored in accordance with the Scentre Group Privacy Policy. Upon the entrant’s request, all information provided will be removed from our active database. To request details to be removed, please go to https://www.westfield.co.nz/account/direct-unsubscribe or write to the Digital Marketing Manager, Level 30, 85 Castlereagh Street, Sydney, NSW 2000. Information will be removed as soon as reasonably possible in accordance with our Scentre Group Privacy Policy and applicable laws. To view the Scentre Group Privacy Policy, please visit https://www.westfield.co.nz/privacy-policy. All entries remain the property of the Promoter.
40. The “Promoter” is Scentre Promotion Fund Management Pty Ltd (in its capacity as The Trustee for SCENTRE PROMOTION FUND ABN 79 727 004 194) of Level 30, 85 Castlereagh Street, Sydney, NSW 2000.  Telephone: (02) 9358 7000.
41. The “Scentre Group” means the Promoter, each of the Promoter’s related bodies corporate, each person with whom the Promoter 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 Promoter or any of its related bodies corporate has been, is or becomes the trustee, manager or responsible entity including, without limitation, the Scentre Group Trust 1, Scentre Group Trust 2, or Scentre Group Trust 3.
42. “Flight Centre” means the Flight Centre Travel Group Limited.
43. “Disney” means the Walt Disney Company and each of its parent, affiliates, and subsidiaries.

TERMS AND CONDITIONS FOR “WESTFIELD NEWMARKET x DOWNLOW GIVEAWAY” PROMOTION 2024

1. Information on how to enter and prizes form part of these Terms and

Conditions. Participation in this "WESTFIELD NEWMARKET x
DOWNLOW” Promotion (“Promotion”) is deemed acceptance of these
Terms and Conditions. All times stipulated in these Terms and Conditions
are based on NZST/NZDST as the case requires.

ELIGIBILITY

2. Subject to condition 4, this Promotion is only open to New Zealand

residents aged 14 years or over.

3. Entrants under 18 years old must have parental/guardian approval to enter

and further, the parent/guardian of the entrant must read and consent to
these Terms and Conditions. Parents/guardians may be required by the
Promoter to enter into a further agreement as evidence of consent to the
minor entering this Promotion.

4. The following are ineligible: (i) employees of the Promoter, the Scentre

Group or any of the tenants or retailers in Westfield Newmarket Shopping
Centre (“Participating Centre”) or any of the Promoter’s agencies that are
associated with the Promotion; (ii) the spouse, defacto spouse, parent, child
or sibling (whether natural or by adoption) of an excluded employee; and
(iii) any person who the Promoter has previously notified is not permitted to
enter the Promoter’s promotions.

PROMOTION PERIOD

5. This Promotion commences on 08 April and ends at 11:59pm on __14 April

2024 (“Promotion Period”)__.

HOW TO ENTER

6. To enter this Promotion, eligible individuals must, during the Promotion

Period, undertake the following steps:
To enter, eligible individuals must, during the Promotion Period, visit the
Westfield Newmarket Shopping Centre page on Facebook
(www.facebook.com/westfieldnewmarket, locate the promotional post
that makes reference to this promotion and leave a comment on the
promotional post in accordance with the instructions provided.

LIMITS ON ENTRY

7. Multiple entries permitted per person, however each entry must be

submitted separately and in accordance with entry requirements.
DRAW DETAILS

8. The draw will take place at the Participating Centre, Centre Management,

Level 1, 277 Broadway, Newmarket 1023 at 10:00am 14 April 2024. The
Promoter reserves the right to draw reserves in case of an invalid entry or
invalid entrant.

WINNER NOTIFICATION

9. The provisional winner__(s)__ will be notified in writing. A provisional winner will

only be deemed a winner once verified by the Promoter.
PRIZES

10. The first 5 valid entry/entries randomly selected from all valid entries

received, will win the prize of a Downlow voucher valued at NZD $50.00.

11. Any ancillary costs associated with redeeming a gift card/voucher are not

included. Any unused balance of a gift card/voucher will not be awarded as
cash. Redemption of a gift card/voucher is subject to any terms and
conditions of the issuer including those specified on the gift card/voucher.

12. The prize must be physically picked up from the Westfield Newmarket

Guest Services Desk. The voucher will not be sent via post.

GENERAL

13. Incomplete, indecipherable or illegible entries will be deemed invalid.

14. If there is a dispute as to the identity of an entrant, the Promoter reserves

the right, in its sole discretion, to determine the identity of the entrant.

15. If a winner of a prize is under the age of 18 years, the prize will be awarded

to the winner’s nominated parent or guardian on the winner’s behalf.

16. If for any reason a winner does not take the prize or an element of the prize

at the time stipulated, then the prize or that element of the prize will be
forfeited and will not be redeemable for cash.

17. If any prize (or part of any prize) is unavailable due to reasons beyond the

control of the Promoter, the Promoter its discretion, reserves the right to
substitute the prize (or that part of the prize) with a prize to the equal value
and/or specification, subject to any written directions from a regulatory
authority.

18. Total prize pool value is $250.00 (NZD)

19. Prizes, or any unused portion of a prize, are not transferable or

exchangeable and cannot be taken as cash, unless otherwise specified.
20. Entrants consent to the Promoter using their name, likeness, image and/or
voice in the event they are a winner (including photograph, film and/or
recording of the same) in any media for an unlimited period without
remuneration for the purpose of promoting this promotion (including any
outcome), and promoting any products manufactured, distributed and/or
supplied by the Promoter.

21. The Promoter reserves the right, at any time, to verify the validity of entries

and entrants (including an entrant’s identity, age and place of residence)
and reserves the right, in its sole discretion, to disqualify any individual who
the Promoter has reason to believe has breached any of these Terms and
Conditions, tampered with the entry process or engaged in any unlawful or
other improper misconduct calculated to jeopardise fair and proper conduct
of the promotion. Errors and omissions may be accepted at the Promoter's
discretion. Failure by the Promoter to enforce any of its rights at any stage
does not constitute a waiver of those rights. The Promoter's legal rights to
recover damages or other compensation from such an offender are
reserved.

22. If this promotion is interfered with in any way or is not capable of being

conducted as reasonably anticipated due to any reason beyond the
reasonable control of the Promoter, including but not limited to technical
difficulties, unauthorised intervention or fraud, the Promoter reserves the
right, in its sole discretion, to the fullest extent permitted by law: (a) to
disqualify any entrant; or (b) subject to any written directions from a
regulatory authority, to modify, suspend, terminate or cancel the promotion,
as appropriate.

23. The Promoter’s decision is final and no correspondence will be entered into.

24. Any cost associated with accessing the promotional website is the entrant’s

responsibility and is dependent on the Internet service provider used. The
use of any automated entry software or any other mechanical or electronic
means that allows an entrant to automatically enter repeatedly is prohibited
and will render all entries submitted by that entrant invalid.
25. Entry and continued participation in the promotion is dependent on entrants
following and acting in accordance with the Facebook Statement of
Rights and Responsibilities, which can be viewed at
www.facebook.com/terms.php

26. This promotion is in no way sponsored, endorsed or administered by, or

associated with, Facebook. Entrants understand that they are providing
their information to the Promoter and not to Facebook. The information an
entrant provides will only be used for the purposes outlined in these Terms
and Conditions. Any questions, comments or complaints about this
promotion must be directed to the Promoter and not to Facebook.
Facebook will not be liable for any loss or damage or personal injury which
is suffered or sustained by an entrant, as a result of participating in the
promotion (including taking/use of a prize), except for any liability which
cannot be excluded by law.

27. Nothing in these Terms and Conditions limit, exclude or modify or purports

to limit, exclude or modify any statutory consumer guarantees as provided
under consumer protection laws in New Zealand (“Non-Excludable
Guarantees”). Except for any liability that cannot by law be excluded,
including the Non-Excludable Guarantees, the Promoter and the Scentre
Group of companies (including their respective officers, employees and
agents) exclude all liability (including negligence), for any personal injury;
or any loss or damage (including loss of opportunity); whether direct,
indirect, special or consequential, arising in any way out of the Promotion.

28. Except for any liability that cannot by law be excluded, including the Non-

Excludable Guarantees, the Promoter and the Scentre Group of companies
(including their respective officers, employees and agents) are not
responsible for and exclude all liability (including negligence), for any
personal injury; or any loss or damage (including loss of opportunity);
whether direct, indirect, special or consequential, arising in any way out of:
(a) any technical difficulties or equipment malfunction (whether or not under
the Promoter’s control); (b) any theft, unauthorised access or third party
interference; (c) any entry or correspondence that is late, lost, altered,
damaged or misdirected (whether received by the Promoter or not) due to
any reason beyond the reasonable control of the Promoter; (d) any variation
in the prize value to that stated in these Terms and Conditions; (e) any tax
liability incurred by an entrant or winner; or (f) use of a prize.

PRIVACY

29. In order to conduct this Promotion, the Promoter needs to collect personal

information about each entrant and may for this purpose, disclose such
information to third parties, including but not limited to agents, contractors,
service providers, prize suppliers and regulatory authorities. Participation in
the Promotion is conditional on providing this information. It is a condition
of entry that the entrant agrees to being entered into the Westfield
Newmarket database. The Promoter and the Scentre Group may, for an
indefinite period, unless otherwise advised, use the information for
promotional, marketing, publicity, research and profiling purposes,
including sending electronic messages or telephoning the entrant and for
such other purposes as set out in the Scentre Group Privacy Policy.
Entrants should direct any request to access, update or correct information
to the Promoter. All personal details of entrants will be stored in accordance
with the Scentre Group Privacy Policy. Upon the entrant’s request, all
information provided will be removed from our active database. To view the
Scentre Group Privacy Policy, please visit
https://www.westfield.co.nz/privacy-policy. All entries remain the property
of the Promoter.

30. The “Promoter” is Scentre Promotion Fund Management Pty Ltd (in its

capacity as The Trustee for SCENTRE PROMOTION FUND ABN 79 727
004 194) C/- Westfield Newmarket Shopping Centre, Centre Management,
Level 1, 277 Broadway, Newmarket 1023.

31. The “Scentre Group” means the Promoter, each of the Promoter’s related

bodies corporate, each person with whom the Promoter 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 Promoter or any of its related bodies
corporate has been, is or becomes the trustee, manager or responsible
entity including, without limitation, the Scentre Group Trust 1, Scentre
Group Trust 2, or Scentre Group Trust 3.